SAYAD ASIF MADANI Vs. MOHAMMED SAFI
LAWS(RAJ)-1995-11-91
HIGH COURT OF RAJASTHAN
Decided on November 29,1995

SAYAD ASIF MADANI Appellant
VERSUS
MOHAMMED SAFI Respondents

JUDGEMENT

Yadav, J. - (1.) The instant revision petition has been filed against the order dated 26.10.95 passed by the learned Civil Judge (Junior Division) Udaipur (South), Udaipur by means of which, he has rejected the application moved by the revisionist under Section 151, Civil Procedure Code for setting aside the ex parte decree dated 3.9.94.
(2.) Brief facts necessary to be noticed for disposal of the instant revision are that a suit of eviction was filed against the present revisionist in which his defence was struck off and against the said order, he filed an appeal before the learned District Judge, Udaipur, which was dismissed.
(3.) Against dismissal of the appeal, he filed a revision before this Court which was admitted and ad interim stay order was granted on 10.5.1994. It appears from the impugned order that the case was posted for orders on 27.7.94 and on that day, none was present on behalf of the respondent-plaintiff, who is non- petitioner here in the present petition. On 27.7.94. the ad interim stay order dated 10.5.94 was allowed to continue till further orders, which reads thus,- "Hon'ble Mr. N.C. Kochhar, J. Mr. V.L. Mathur, for the petitioner None for the respondent Although Shri D.R. Bhandari has filed power on behalf of the respondent but his name has not been shown in the Cause List and it appears for this reason, he is not present. List the case on 17.8.94 after showing the names of the learned counsel for the parties in the Cause List. Interim order dated 10.5.94 is continued till further orders. Sd/- N.C. Kochhar, J.";


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