MUKESH NARAIN BAJPAI AND ANOTHER Vs. AKHILESH MISHRA AND OTHER
LAWS(ALL)-2018-4-544
HIGH COURT OF ALLAHABAD
Decided on April 16,2018

Mukesh Narain Bajpai And Another Appellant
VERSUS
Akhilesh Mishra And Other Respondents

JUDGEMENT

VIVEK CHAUDHARY,J. - (1.) Heard learned counsels for parties.
(2.) Present civil revision is filed by the revisionists challenging the order dated 21.11.2017 passed by Additional District Judge Court No.-1, Unnao. By the impugned order, the Additional District Judge has allowed the application under Order 9, Rule 13 read with section 151 CPC at a cost of Rs. 10,000/- and has recalled the decree dated 12.11.2003 passed in Case No. 3 of 2002, under section 92 of the CPC.
(3.) The sole ground raised by the learned counsel for revisionist, while challenging the impugned order, is that, the applicants, while moving an application under Order 9, Rule 13, failed to produce any document before the court below to prove that they have any right in the property in dispute. Submission is that without proving before the Court, any right in the property, the application under Order 9, Rule 13 could not have been allowed. The aforesaid application under Order 9, Rule 13 was filed by persons who were not party to the suit.;


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