- (1.)This is an application for recalling of the order dated 9th June, 1994 passed by me in C.O. 268/94. After the ex parte order was passed an application for recalling of the said order was filed on 10 -6 -1994 which was dismissed on 16 -8 -1994 on technical ground that the affidavit was sworn by tadbirkar. Liberty was, however, given for filing fresh affidavit according to law. In terms of the aforesaid order a fresh application for recalling was filed on 23 -8 -1994 on the ground that the learned Advocate for the opposite party was engaged in another Court at the time when the revisional application was allowed.
(2.)A preliminary objection was taken by the opposite parties/plaintiffs that there is no scope for recalling the ex parte order as that order was passed on merits. Opposite party No. 4 also supported the contention of the other opposite parties.
(3.)The short point for consideration in this recalling application accordingly is whether such application is at all maintainable and if it is so whether there are sufficient grounds for recalling the said order.
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