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2012 Supreme(All) 320

DILIP GUPTA
Surendra Kumar – Appellant
Versus
Upper Sessions Judge (Ft. ) Court No. 4, Aligarh and others – Respondent


Hon'ble Dilip Gupta, J.:-

This petition seeks the quashing of the judgment and order dated 12th August, 1994 passed by the Judge, Court of Small Causes by which SCC Suit No.128 of 1993 filed by Radha Rani-respondent no.2 against Surendra Kumar (petitioner) and Sukhpal-respondent no.3 for ejectment and recovery arrears of rent was decreed. The petitioner has also sought the quashing of the judgment and order dated 18th November, 2000 by which the suit was again decreed since the earlier decree dated 12th August, 1994 was recalled on an application moved by the petitioner. The petitioner has also sought the quashing of the judgment and order dated 19th September, 2003 by which the application filed by him for setting aside the ex-parte decree dated 18th November, 2000 has been rejected as also the judgment and order dated 31st January, 2004 by which the Revision filed by the petitioner for setting aside the order dated 19th September, 1993 was dismissed.

It transpires from the records of the writ petition that SCC 128 of 1993 was filed by Radha Rani for ejectment of the petitioner Surendra Kumar and recovery arrears of rent. As the defendants did not appear despite service of notice, t
























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