- (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. The revision was allowed by the High Court vide order dated 29th October, 2004. The judgment and decree dated 26th November, 1997 was set aside and the trial court was directed to decide the suit afresh.;