limitation is prescribed under the Act to file an application
to rehear the appeal which was dismissed for default. Learned counsel
for the second respondent ... being
served on the opposite party of the date fixed for
such rehearing.”
16.From the reading of Rule 9 (A) it is true that
enough to clothe the Court with power to restore an application for rehearing of the suit made under Order Ix Rule 13 of the Code
aside with a direction upon the learned Single Judge to rehear the application for recalling the order passed in the writ application, on merits ... provides that to set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte, the period of limitation
filed under the Civil P.C. The appeal being a rehearing of the claim and continuation of the original proceedings, the procedural limitations
aside and the
Reference deserves to be remanded back for its
rehearing before the Reference Court.
8. Learned Assistant Government Pleader adopted the
arguments made
inclined to interfere with the impugned judgment and remit the case for rehearing and disposal in accordance with law.
4. In the result, the appeal ... aside and the case is remitted to the learned single Judge for rehearing and disposal in accordance with law. No costs
parte
order in appeal – Application for rehearing appeal –
Ground tht there was no service of notice through process
server or by registered post
event the second Will is not proved
there will be a rehearing of the first Will and that would consume
time.
In view thereof
review applications cannot be considered as if this Court is
rehearing the writ petition.
5. In my view, it requires no debate that, considering
purposes of this lis, permit the defendant to press for a rehearing "on account of some mistake or error apparent on the face ... which two conclusions are not possible. Neither of them postulate a rehearing of the dispute because a party had not highlighted all the aspects
