SHANTI DEVI Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) By this writ petition the petitioner is seeking quashing of the revisional order dated 29.2.2000 and the order dated 10.8.1998. The facts of the case, in brief, are that the respondent No. 3, Bank of India filed an original suit No. 169 of 1987 against the respondent Nos. 4, 5 and 6 as well as the petitioner, who were all arrayed as defendants in the said suit. The said suit was decreed ex parte on 11.4.1988 without any notice to the petitioner or respondent Nos. 4, 5 and 6. An application for setting aside the ex parte decree was filed by the respondent No. 4. The Court by its order dated 1.8.1994 allowed the said application filed by the respondent No. 4 and set aside the ex parte decree dated 11.4.1988 only to the extent of the respondent No. 4 with certain conditions therein.

(2.) Aggrieved by the said order the respondent No. 4 filed Civil Misc. Writ Petition No. 27548 of 1974, in which an interim order was granted on 31.8.1994 with a direction to the petitioner to furnish security for an amount of Rs. one lakh, other than cash or bank guarantee and subject to that condition the order dated 1.8.1994 was stayed and a further direction was given that the trial Court shall ensure the expeditious disposal of the suit. The proceedings in the suit thereafter has been commenced again. Power of Attorney, guarantee letter and demand letter were filed as an evidence.

(3.) Thereafter a prayer was made by the petitioner for reference to the Collector that there was a deficiency of the stamp duty paid with respect to the demand draft. This application was marked as paper No. 168 Ga II. These two applications, namely, 167 Ga and 168 Ga II were, however, rejected by the Civil Judge on the ground that the suit has not been restored as against the petitioner and, therefore, she had no right to file the application. Accordingly the application were rejected by the order dated 10.8.1998.