- (1.) The Court : The matter brings out the ugly side of the system: the extent to which lawyers supporting a cause may involve themselves with the clients in seeking to confer undeserving benefits on the clients.
(2.) The appeal is directed against an order of September 23, 2015 by which the trial court recalled its judgment and decree of March 20, 2015 passed in an eviction suit. The primary contention of the appellant-plaintiff is that no ground was made out for recalling the judgment and decree and, indeed, the trial court found no ground for the judgment and decree to be recalled; yet, the decree has been recalled on some unacceptable, merciful consideration.
(3.) When this appeal was received on February 9, 2016, the following order was recorded: "The Court: The appellant has approached this Court contending that there was no justification in recalling the order dated 20.3.2015 on the ground that more than 7 lacs of rupees is due towards arrears of rent. "In the light of such submission, in order to understand the bonafides of the respondent/11th defendant, at whose instance the impugned order is passed and appreciate that there is genuine reason for him to contest the matter and not to play delay tactics, we direct the respondent/11th defendant to deposit the alleged amount of arrears of rent due, that is, Rs.7,34,816/- within 10(ten) days from today with the Registrar, Original Side and the same shall be kept in an interest earning deposit. "If the above direction is not complied with, the impugned order recalling the decree shall stand set aside and the decree passed earlier would stand confirmed.";