JUDGEMENT
ARUN TANDON,J.ABHAI KUMAR,J. -
(1.) Heard learned counsel for the appellant.
(2.) This appeal under Section 96 of the Code of Civil Procedure
has been filed against the judgment and order dated 21st
December, 2015 passed by the Additional District Judge, Court
No.7, Saharanpur in Misc. Case No. 5 of 2005 (Damodar Valley
Corporation vs. M/s Gupta Rubber Industries and Others) arising out
of Original Suit No. 494 of 1995.
(3.) Facts in short giving rise to the present appeal are as follows:
The appellant before us had instituted Original Suit No. 494 of
1995 for recovery of the money to the tune of Rs. 6,16,246/ - from the defendant -respondent no.1. This suit was decreed on 26th
November, 1997. The application made by the defendant -
respondent dated 23rd December, 1997 for recall of the said
judgment and decree was also dismissed vide order dated 20th
December, 1999. The order so made was subjected to challenge
before the High Court by means of Civil Revision No. 142 of 2000.;
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