Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4554 of 2021 Petitioner :- Rajesh And Another Respondent :- Dhirendra Kumar Singh And 8 Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- Mukesh Dhar Dwivedi
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of the present petition filed under Article 227 of the Constitution of India, the petitioners have challenged the order dated 3.8.2021 whereby a revision has come to be dismissed by Additional District Judge, Court No. 1, Deoria filed against the order dated 18.10.2019, an order passed by trial court rejecting the application in respect of an order dated 10.4.2019 after recording satisfaction of service of summons upon the recall application filed by the plaintiff-respondents under Order IX Rule 4 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC').
In the considered opinion of the Court, the petitioners have still remedy to file objection before the trial court in respect of an application for recall filed by the plaintiffs-respondents under Order IX Rule 4 of CPC, which is still pending.
In view of above, this Court declines to interfere with the orders impugned herein.
However, it is directed that in the event petitioners appear before the trial court and file their objections to the recall application of the plaintiffs-respondents within a period of 15 days from today, the recall application of the plaintiffs- respondents shall be considered and decided after giving due consideration to the objections filed by the defendants- petitioners within 30 days' thereafter.
Subject to above observation, the writ petition is consigned to record.
Order Date :- 24.9.2021 Kuldeep