Code of Civil Procedure, 1908–Sec. 100 & Order 23, Rule 3–Prayer for recalling the judgment passed in the second appeal–Time was granted to vacate the premises in view of no objection of counsel of plaintiff–Plea of the applicant that she never met the counsel and did not ask him for giving the consent–It is not her case that there was any fraudulent representation either on the part of the plaintiff or on the part of defendant no. 2–It was also not a consent decree–Time was granted on the basis of prayer made by the counsel of defendants–Applicant signed the vakalatnama–Counsel did not press the appeal on merits on the instruction of client–Applicant was bound by the act of her counsel–Application is filed with mala fides and deserves to be dismissed with the cost of Rs. one lakh.
