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1977 Supreme(All) 292

K.N.SINGH, P.N.HARKAULI
Raghubir Sahai Bhatnagar – Appellant
Versus
Bhakt Sajjan – Respondent


Advocates:
K.C. Saksena, for Applicant; S.C. Khare and K.N. Tripathi, for Opposite Party.

Judgement

K. N. SINGH, J. :- This revision is directed against the order of the First Additional District Judge, Allahabad dismissing applicant s revision filed under Section 25 of the Small Cause Courts Act. The revision came up for hearing before a learned Single Judge of this Court. He was of the opinion that since the question involved in the case was important one, which very frequently arises in the courts below, an authoritative decision was necessary to be given by a larger Bench. At the instance of the reference made by the learned Single Judge, the revision has come up before us for hearing.

2. Briefly, the facts giving rise to this revision are that the applicant was a tenant of a house situated in Allahabad of which the opposite party is the landlord. The opposite party filed a suit against the applicant for recovery of arrears of rent and his ejectment before the Court of Judge, Small Causes at Allahabad. On the date of hearing fixed by the court, the applicant-defendant was absent; the Court held service of summons sufficient and decreed the suit of the plaintiff ex parte on 28-9-1972. The applicant filed a restoration application under O. IX R. 13 of the Civil P. C. on












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