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1976 Supreme(All) 349

R.B.MISRA
Dullan Prasad – Appellant
Versus
Rajeshwari Bibi – Respondent


Advocates:
G.P. Bhargava and A.N. Bhargava, for Applicant; Om Prakash Agarwal, for Respondent.

ORDER :- The present revision by the defendant is directed against the order of the 4th Additional District Judge, Allahabad, dated 5th October 1974.

2. The facts leading up to this revision lie in a narrow compass:

3. Smt. Rajeshwari Bibi, the plaintiff opposite party, filed a suit for ejectment of Dullan, the defendant applicant, and for recovery of Rs. 713.40 p. as arrears of rent and damages along with future and pendente lite damages at the rate of Rs. 21/- per mensem from the date of the institution of the suit till the date of delivery of possession over the accommodation in question. The plaintiff also claimed costs.

4. On 10th December, 1973 the defendant was found absent despite sufficient notice. The suit, therefore, proceeded ex parte. On 11th December, 1973 ex parte evidence was recorded and, ultimately on 2nd January, 1974, an ex parte decree was passed in the following terms:

"This suit for the ejectment of the defendant from the premises in suit and for the recovery of Rs. 713.40 Paise is decreed with ex parte costs. The pendente lite and future damages are awarded at the rate of Rs. 21/- per month."

5. The defendant applicant moved an application for setting aside the





























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