Hon'ble Sanjay Misra,J. - Heard Sri M.A. Qadeer learned Senior Counsel assisted by Sri Shamim Ahmad learned counsel for the petitioner. The cause list of old cases has been revised. None appears on behalf of the respondent nos. 3 and 4 however counter affidavit is available on record. The petitioner was a defendant in Suit no. 67 of 1987 pending in the court of First Additional Civil Judge, Kanpur Dehat, Kanpur whereas the respondent no. 3 and 4 were the plaintiffs.

2. According to Sri Qadeer the plaintiff respondent had filed a suit for injunction with respect to the land in question against the defendant petitioner wherein an order dated 12.11.1992 was passed by the Trial Court to proceed exparte against the defendants. The petitioner alleges to have filed an application for recall of the order along with an application under Section 5 of the Limitation Act which was rejected by the Trial Court by the order dated 12.4.1993 and the appeal there against being Misc. Appeal No. 15 of 1995 has also been dismissed by the judgment and order dated 21.1.1995. The petitioner is aggrieved against the said orders.

3. Sri Qadeer has submitted that while considering the application und