JUDGMENT - V.K. BARDE, J.:---The petitioner had filed Regular Civil Suit No. 299/1985 in the Court of Civil Judge (Junior Division), Ambad, against the present three respondents. In the said suit, the plaintiff failed to take proper steps for service of summons on defendant No. 2 i.e. present respondent No. 2, and therefore, the learned Civil Judge dismissed the suit as against defendant No. 2, as per the provisions of Order IX, Rule 5 of the Code of Civil Procedure (hereinafter referred to as "the Code" for the purpose of brevity).

2.The plaintiff thereafter filed an application requesting that the order be recalled and the suit be restored as against defendant No. 2 also. However, the learned Civil Judge rejected that application by order dated 25-4-1990. Here, it should be noted that the suit as against defendant No. 2 was dismissed under Order IX, Rule 5 of the Code and not as against defendant Nos. 1 and 3. However, the plaintiff had filed second application dated 4-4-1990 for restoration of the suit as against defendant No. 3 also. But the learned Counsel for the petitioner states that it was application filed through mistake and no relief is required with respect to defenda

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