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2019 Supreme(All) 988

SUDHIR AGARWAL
Gayatri Devi – Appellant
Versus
Vith Additional District Judge – Respondent


Advocates Appeared:
M.P. Srivastava, Adv., P.N. Khare, Adv., R.P. Mishra, Adv., Rajesh Srivastava, Adv., Vijay Bahadur, Adv.

JUDGMENT :

Sudhir Agarwal, J.

Heard Sri M.P.Srivastava, learned counsel for petitioner. None has appeared on behalf of respondents 3, 4 and 5 though the case has been called in revise and names of several counsels have been shown in the cause list as counsel for respondents.

2. This is a writ petition under Article 226 of Constitution of India whereby petitioner has prayed for issue of a writ of certiorari quashing order dated 30.09.1995 passed by VIth Additional District Judge, Kanpur Nagar in Misc. Appeal No.116 of 1985 arising from judgment and decree dated 27.4.1985 of Munsif, Kanpur Nagar on an application under Order 21 Rule 99 of Code of Civil Procedure, 1908 (hereinafter referred to as "C.P.C.").

3. The facts in brief giving rise to present dispute are that M/s Neelkanth Lalta Prasad (hereinafter referred to as "respondent 4") instituted Original Suit No.76 of 1963 in the Court of Munsif Lakhimpur for recovery of a sum of Rs.3,500/- from M/s Cawnpore Rolling Mills (P) Ltd. (hereinafter referred to as "respondent 5"). The suit was decreed ex-parte vide judgment and decree dated 26.11.1963. For execution of decree, respondent 4 got it transferred to Munsif (City), Kanpur and comm

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