( 1 ) THESE are two petitions arising out of the same matter. As such, they are consolidated to be taken up for disposal by a common order as assented to by the learned Counsel for the parties.

( 2 ) MATRIX of the facts is that Majid Ali, petitioner is Writ Petition No. 15312 of 1992, instituted a suit, it being suit No. 88 of 1988, in the court of Judge, Small Causes, Gorakhpur for the relief of eviction of the petitioner, Qazi Nemat Ullah from the suit premises and also for recovery of arrears of rent, damages and mesne profits. The suit ended in being decreed ex parte by means of the judgment and decree dated 7-10-1988 as a consequence of which, the decree holder was put in possession of the suit premises in execution of the decree, on 6-11-1989. An application under O. 9, R. 13 C. P. C. came to be filed by petitioner Qazi Nemat Ullah on 10-11-1989 seeking recall of the aforesaid decree granted ex parte. The application was allowed and the ex parte decree was set aside by means of the order dated 2-2-1991 on the finding that summons were not duly served on the defendant. This order dated 2-2-1991 was impugned in revision, which culminated in the order dated 2-2-19