NEELA BAI Vs. BHUPENDRA RAJPUT

JUDGEMENT

(1.) HEARD.

(2.) RESPONDENT No. 1 filed a civil suit bearing No. 56-A/1988 for specific performance of contract. The suit was decreed in his favour on 4-5-1988. Thereafter, a suit was filed by the petitioners for declaring the decree passed in Civil Suit No. 56-A/1988 to be void. The said civil suit bearing No. 65-A/1993 has been dismissed on 9-10-1998 by the Trial Court. On appeal bearing No. 37-A/1998, the 1st Appellate Court set aside the judgment and decree passed in Civil Suit No. 65-A/93. Thereafter, respondent No. 1 filed an application under Sections 144 and 151 of the CPC for restitution of the Civil Suit No. 56-A/88 and the Trial Court vide impugned order restored the suit in its original number.

(3.) IN the result, the revision is allowed. The impugned order passed by Court below is set aside. However, parties may seek appropriate remedy available under law. Parties to bear their own costs.