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Judgment
Vivek Kumar Birla, J.—Heard Sri Manish Tandon, learned counsel appearing for the plaintiff - appellant and Sri Raghvendra Dwivedi, learned counsel appearing for the defendant - respondents.
Plaintiff-appellant is before this Court challenging the order dated 6.4.2016 passed by the Additional District Judge, Court No. 24, Kanpur Nagar rejecting application of the plaintiff-appellant filed under Order 41, Rule 19 CPC read with Section 151 CPC for recalling ex-parte judgment and decree dated 29.1.2015 and praying that the appeal be restored to its original number and be decided on merits.
Heard learned counsel for the parties at length.
After arguments both sides have agreed that the order impugned be set aside and some specific date may be fixed so that appeals may be decided as expeditiously as possible preferably within few days itself.
Learned counsel for the appellant on the concession so granted by learned counsel appearing for the defendant respondents has submitted that the appellant shall remain present for hearing and he shall not seek adjournment.
In such view of the matter, as agreed between the parties, the impugned order dated 6.4.2016 passed by Additional District Judge, Court No. 24, Kanpur Nagar in Misc. Case No. 02/74 of 2015 is set aside. As agreed, both parties shall appear before the lower appellate court on 4.7.2016. It is provided that the appeal shall be decided, as expeditiously as possible, without granting any unnecessary adjournment and in case any adjournment is necessary in view of lower appellate court reasons for granting such adjournment shall be recorded by the court below and the adjournment shall be granted only on payment of very heavy cost by giving short date.
With the aforesaid observations, the appeal stands allowed.