SHISHIR KUMAR
CHAMPA DEVI – Appellant
Versus
A D J COURT NO 15 KANPUR NAGAR – Respondent
By means of this writ petition the petitioner has approached this Court for issuing a writ of certiorari quashing the order dated 24. 10. 2008 and 29. 11. 2004, Annexures 5 and 3 to the writ petition.
The petitioner being a tenant, a suit was filed for arrears of rent and ejectment by the respondent- landlord. The said suit was decreed exparte by order dated 13. 3. 2001. The petitioner filed an application for setting aside the said exparte order. After giving full opportunity to the petitioner application was rejected holding therein that registered notice was sent to the petitioner and it has been refused. Subsequently, summons were pasted on the house. Taking into consideration the said fact, the Judge small Causes Court has found that service upon the petitioner is sufficient application was rejected by order dated 29. 11. 2004. The petitioner filed a revision which too has been dismissed on the ground that service was sufficient and the petitioner deliberately avoided the service and there is no proper explanation regarding filing the application under Order IX Rule 13 C. P. C. The petitioner aggrieved by the aforesaid order has approached this Court.
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