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2016 Supreme(All) 3452

RAKESH SRIVASTAVA
Onkar Nath – Appellant
Versus
Civil Judge Senior Division Gonda – Respondent


Advocates Appeared:
For the Revisionist :- Om Prakash Mishra, Advocate.
For the Opposite Party :- Awadhesh Kumar Mishra, Advocate.

JUDGMENT

Rakesh Srivastava, J. –

List has been revised. No one appears on behalf of the respondent.

2. Heard Shri Om Prakash Mishra, learned counsel for the revisionist.

3. This revision has been filed challenging the order dated 21.4.2015 passed by the Civil Judge (Senior Division), Gonda by means of whichRegular Suit No.470 of 2001 (Shesh Nath v. Onkar Nath) was ordered to proceed ex parte against the defendant-revisionist as also against the order dated 24.11.2015 by means of which the application (Ga-2/193) moved by the revisionist under Order 9, Rule 7 CPC for recall of the order dated 21.4.2015 and for an opportunity to lead evidence has been rejected.

4. Shesh Nath – the respondent-revisionist filed a Regular Suit No. 470 of 2001 (Shesh Nath v. Onkar Nath) for setting aside the judgment dated 27.10.1998 and decree dated 3.11.1998 passed in Regular Suit No.532 of 1998 in which the revisionist was arrayed as one of the respondent. In the said case 21.4.2015 was the date fixed. On the said date the suit was ordered to proceed ex parte against the revisionist. The revisionist thereafter moved an application (Ga- 2/193) for setting the order dated 21.4.2015 and for an opportunity to l





















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