Sudhir Agrawal, J. - (1.) Rent Control Appeal No. 241 of 1985 was decided by the 5th Addl. District Judge vide judgment dated 30.5.1998 wherein he has clearly mentioned that parties were heard. On page 74 of paper book, the judgment dated 30.5.1998 mentions as under: ...[VERNACULAR TEXT OMITTED]...
(2.) It appears that since appeal was allowed and matter was remanded to the Trial Court, an application was filed by predecessor in interest of respondents 3 to 8 i.e. Nand Kumar for recall of order dated 30.5.1998. The said application was filed under Order 41 Rule 19 C.P.C. along with an application for condonation of delay under Section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963"). By means of impugned order, the Appellate Court has recalled its order dated 30.5.1998.
(3.) Learned counsel for petitioner vehemently contended that the judgment dated 30.5.1998 is not ex parte and in any case Order 41 Rule 19 C.P.C. has no application to the present case.;