JUDGMENT :

1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Rajnish Kumar Rai, learned counsel for the respondents.

2. Present petition has been filed for quashing the order dated 12.11.2021 passed by Additional Civil Judge (Junior Division) IIIrd, Court No. 30, Saharanpur whereby application Paper no. 44-C-2 filed by petitioner in Misc. Case No. 72 of 2020 arising out of Original Suit No. 141 of 1982 has been rejected.

3. Learned counsel for the petitioner submitted that petitioner is a Company duly registered under the provision of Companies Act, 1956. The said Company earlier filed Original Suit No. 141 of 1982 against the Union of India/Railways for permanent prohibitory injunction in which written statement has also been filed. The Trial Court decreed the aforesaid suit vide exparte judgment and decree dated 21.04.1987. He further submitted that after gap of 33 years, recall application was filed by respondents on 27.10.2020 in which petitioner has also filed objection. One separate application 44-C-2 has also been filed raising objection under Order XXVII Rule 1 C.P.C., 1908 and has taken specific plea that in light of Order XXVII Rule 1 C.P.C., 1908,