( 1 ) THIS is an application by the plaintiff under S. 152 of the Civil Procedure Code for recalling and modifying the judgment and order dt. Nov. 22, 1991 passed by this Court.

( 2 ) THE petitioner/plaintiff through the present application wants that the Suit No. 910 of 1989 which was dismissed against defendant No. 1 on the basis of the statement made by the counsel for the plaintiff be restored to its original number and be allowed to be proceeded with against defendant No. 1.

( 3 ) I have heard the learned counsel for the plaintiff at sufficient length and have very carefully examined the facts of the present case and have given my anxious thoughts thereto.

( 4 ) A perusal of the record reveals that Suit No. 910/89 was filed by the plaintiff against the two defendants i. e. National Fertilizer Ltd. , defendant No. 1, and SOIL India Ltd. , defendant No. 2. The defendant No. 2 neither put in appearance nor applied for leave to defend despite sufficient service. Hence, the plaintiff became entitled to a decree under O. 37, R. 3, Civil Procedure Code against them. Consequently, the suit was decreed against defendant No. 2. However, learned counsel for the plaintiff whil