S. N. Srivastava, J.—This writ petition is directed against the order dated 27th July, 2004, passed by the District Judge, Gorakhpur.

2. Learned counsel for petitioner urged that impugned order was passed behind the back of petitioner without any application of the parties. Deputy Commissioner (Adminis-tration), Trade Tax, Gorakhpur at whose behest impugned order was passed is neither plaintiff nor defendant. The District Judge, Gorakhpur erred in law, acted illegally without jurisdiction and passed impugned order even without affording any opportunity of hearing to opposite party and prayed to quash impugned order.

3. In reply to the same, learned standing counsel urged that impugned order was passed in accordance with law.

4. Heard learned counsel for petitioner and learned standing counsel and perused the record.

5. Rules 28 to 33 of Chapter III of General Rules Civil relates to entertaining applications in the civil court which make clear that applications may be presented to Munsarim of the Court which could be received on any day other than an authorized holiday between 10-30 a.m. and such hour as may be fixed by the Court ; provided that an application or petition pr