- (1.) Heard the counsel for the parties.
(2.) The present writ petition has been filed against the order dated 7.12.2011 passed by the Additional Civil Judge (Junior Division), Court No.23, Azamgarh dismissing the recall/restoration application filed by the petitioner as well as against the order dated 10.10.2013 passed by the Additional District Judge, Court No.7, Azamgarh dismissing the Misc.Appeal filed by the petitioner against the order dated 7.12.2011.
(3.) The facts of the case are that on 13.10.1979 the father of the petitioner instituted original suit no.558 of 1979 for a decree cancelling the sale deed dated 22.1.1973 executed in favour of the defendants and also for a permanent prohibitory injunction restraining the defendants from interfering in the possession of the plaintiffs over the suit property. The suit was decreed ex parte against the defendants on 30.3.1981 but the said decree was subsequently recalled on an application under Order 9 Rule 13 filed by the defendants/respondents.;