N.L. Ganguly, J. - (1.) THE petitioner was appointed as a Head Clark in Har Narain Intermediate College, Ganj Dundwara, Etah. He was receiving salary from the College which was illegally stopped by the Committee of Management. The petitioner filed Suit No. 202/80 against Har Narain Intermediate College through its Manager and the Society, A.S.H.P. Association running the Institution. The suit was decreed by judgment and order dated 23.3.82 Civil Appeal No. 166 of 1982 was filed by the respondent on behalf of the College which was dismissed by the order dated 16.7.84 by the Special Judge. Second appeal was filed being Second appeal No. 2582 of 1984 before this Court in which conditional interim orders were passed directing the respondents to continue to deposit the amount @379.10 within two months during the pendency of the appeal. The amount was not deposited by the respondents. The interim order was also modified by this Court on 19.10.84. During the pendency of the second appeal in this Court, since the College had not been able to get any favourable order in their favour, a restoration application was filed on behalf of ASHP association for setting aside the decree granted in the Civil suit No. 282 of 1980.
(2.) THE restoration application was filed on 20.4.84 and the decree was passed on 20.3.82 which shows that the respondents had knowledge of the proceedings in the civil court. The application for restoration was rejected by order dated 21.10.82 after hearing the respondents.
(3.) AGAINST the order rejecting the restoration application for setting aside the decree, which was filed by ASHP association, an appeal was filed before the District Judge being Misc. Appeal No. 85 of 1986 which was transferred and finally decided by the IV Addl. District Judge, Etah. The Judgment in appeal is impugned in the present writ petition. The learned lower appellate court had allowed the appeal and set aside the order rejecting the application under Order 9 Rule 13 C.P.C. The writ petition was not formally admitted. It is ready for hearing since parties have exchanged their affidavits in the present writ petition.;