( 1 ) THE present revision is directed against the order dated February 19,2001 passed by the Second Additional district Judge (Senior Division), muzaffarnagar in Misc. Case No. 21 of 1999 (O. S. No. 337 of 1994, Smt. Sarla Sharma vs. Ganga Prasad) whereby the court below has allowed the application 3 Ka and restored the suit to its original number after recalling the order dated 25th of August, 1994. The original suit no. 337 of 1994 was instituted for permanent injunction and cancellation of sale deed dated 24th of August, 1994 on behalf of two minors and their mother through Smt. Sarla Sharma (mother)who died during the pendency of the suit and in her place Om Prakash Sharma was allowed to act as next friend of the minors. The said suit was decreed exparte on March 21,1998. This ex-parte decree was set aside. Subsequently, an application was filed by shri Ashok Kumar, Advocate, on behalf of the plaintiff minors that he does not want to continue with the suit and the suit maybe dismissed accordingly. On the application of Shri Ashok Kumar, Advocate, filed on 20th of August, 1998, the suit was dismissed accordingly. Thereafter, an application purporting to be under section 151 C.

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