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1998 Supreme(All) 1071

J.C.GUPTA
GIRDHARI LAL – Appellant
Versus
IST ADDL. DISTRICT JUDGE, AGRA – Respondent


Advocates Appeared:
SWAPNIL KUMAR

J. C. GUPTA, J.


( 1 ) THIS is tenants writ petition.

( 2 ) THE dispute relates to Shop No. 10/2. Baldeo Road. Tundla, district Firozabad. The landlord-respondent No. 2 filed suit for rent and ejectment against the petitioner and the same was decreed ex parte after treating the service of summons by publication in newspaper as sufficient. The petitioner made an application before the trial court for setting aside the ex parte decree and in compliance of Section 17 of the Provincial Small Cause Courts Act (hereinafter referred to as the act) deposited a sum of Rs. 3,150 as against the decretal amount of Rs. 1. 250. The trial court allowed the petitioners application and set aside the ex parte decree. After the contest made by the petitioner, the trial court by the Judgment dated 16. 1. 1993 dismissed the suit in respect of decree for eviction but decreed the same for recovery of rent. Aggrieved by the said judgment, the landlord preferred revision under Section 25 of the Act. In the revision also, the petitioner was not served personally and the revisional court proceeded to hear and decide the revision ex parte on the basis of substituted service made by publication in the newspaper













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