- (1.) This revision is directed against order dated 5-4-1984, recorded by Sri J. S. P. Singh, learned Civil Judge Mathura in Misc. Case No.110 of 1982, U. P. Financial Corporation, Kanpur through its Managing Director v. M/s. Mohan Steels through Mohan Lal and another arising out of Original Suit No. 106 of 1981 by which the prayer of opposite party as incorporated in application 6-Ga under Order IX, Rule 13 of Code of Civil Procedure was allowed and ex parte decree dated 4-2-1982 in favour of revisionists was set aside and the suit was restored to its original number. The delay in filing the application in between 16-3-1982 and 3-9-1982 was condoned as sought by paper No. 54-Ga application by opposite party under S. 5 of Limitation Act.
(2.) The aforesaid suit was filed for permanent injunction in the Court of Civil Judge, Mathura by M/s. Mohan Steels through Mohan Lal Gupta, sole proprietor, and another v. U. P. Financial Corporation, Kanpur. The injunction was allowed by an ex parte decree dated 4-5-1982 by which opposite party was restrained from recovering any amount from the plaintiff through attachment and sale of their property through Collector or Tahsildar or any other agency otherwise in due course of law. This decree was set aside by the impugned order on payment of Rs. 100/- as costs.
(3.) I have heard learned Advocates for parties and perused the record.;