Heard Mr. Sidhartha Singh, the learned counsel duly assisted by Mr. D. Barthwal, the learned counsel for the petitioner and Mr. Ramji Srivastava, the learned counsel duly assisted by Mr. Deepak Sharma, the learned counsel for the respondent.

2. The present writ petition has been filed against the order dated 29.05.2010 passed by the District Judge, Dehradun in Misc. Civil Appeal No.76/2010, whereby the District Judge allowed the appeal and has set aside the order passed under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter referred to as ‘C.P.C.’) and has further set aside the decree passed by the trial court.

3. The essential facts, which led to the passing of the decree by the trial court is, that on 31st March, 2009, the right to adduce the evidence of the plaintiff was closed and the trial court fixed 20th April 2009 for the evidence in chief of the defendant. The affidavit of the defendant and evidence was filed by the defendant on 23rd April, 2009 and the court fixed 26th May, 2009 for the cross examination of the defendant. It transpires that on 26th March, 2009 the plaintiff filed an application for the recall of the order dated 31st March, 2009. Th