Smt. Ghausia Khan and 2 Others v. Mohd. Wasiq Khan and 17 Others
CLRE/15/2025 · 2025-04-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136541 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136541 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23784
Court No. - 6 Case :- CIVIL REVISION No. - 15 of 2025 Revisionist :- Smt. Ghausia Khan And 2 Others Opposite Party :- Mohd. Wasiq Khan And 17 Others Counsel for Revisionist :- Adnan Ahmad Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the revisionist.
2. The present revision has been filed by the revisionist challenging the order dated 15.02.2025 whereby the written statement filed by some of the respondents was taken on record on a cost of Rs.5000/-.
3. The contention of the counsel for the revisionist is that the suit had already proceeded ex-parte against some the defendants by virtue of an order dated 22.05.2001 and without seeking recall of the order, the written statement was filed which has been accepted on record, which is improper.
4. Considering the fact that the order impugned does not consider the effect of the earlier order dated 22.05.2001, the revisionist is permitted to file an application for recall of the
order dated 15.02.2025. He would be entitled to plead and bring on record the earlier order dated 22.05.2001. In case such an application is filed for recalling the order dated 15.02.2025, the Additional District Judge shall take into consideration the earlier order dated 22.05.2001 and shall pass orders on the recall application as may be filed by the revisionist.
5. The revision stands disposed off in terms of the said order.
Order Date :- 25.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench