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sameer shaikh (h)     29 September 2011

S.151 read with o.37,r 5

I m for Plaintiff in a summary Suit..On 16-3-2011 matter was fixed for hearing on leave to defend application.

But defendend filed adjournment application and the same was granted and matter was postpond on 14-04-2011.Then on 14-04-2011 on the day of hearing defendent remain absent.hence hon'ble judge disposed leave to defend application.

Then after defendent remain absent till date and on recent date i.e on 23-09-2011 defendent Filed application under S151 of C.P.C read with O37,R5 praying Hon'ble judge to recall its order.

I have to file say.

Is there any case law .

please help

 



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