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2002 Supreme(All) 1410

ANJANI KUMAR
Sheo Dutt – Appellant
Versus
Xth Addl District Judge Aligarh – Respondent


Advocates Appeared:
S.K.Lal,

JUDGMENT : -

Anjani Kumar, J.

This is a writ petition under Article 226 of the Constitution of India challenging the orders dated 13-2-98 and 12-10-98, Annexure Nos. 3 and 5 respectively. The petitioner who is tenant was defendant in the suit filed by Respondent Nos. 3 to 7 for ejectment, arrears of rent and damages. The said suit was decreed ex parte against the petitioner. The petitioner preferred an application under Order IX, Rule 13 of the CPC for setting aside ex parte decree. Since the suit was a small cause suit, the provision of the Provincial Small Cause Courts Act are applicable. This is admitted fact that the petitioner has not complied with the proviso to Section 17 of the Provincial Small Cause Courts Act while filing the application under Order IX, Rule 13 CPC for setting aside ex parte decree. The trial Court rejected the petitioner's application for non-compliance of the proviso to Section 17 of the Provincial Small Cause Courts Act referred to above and also on merits. Aggrieved thereby the petitioner preferred a revision before the revisional authority under Section 25 of the said Act. The revisional authority confirmed the finding recorded by the trial Court and h





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