Shri Narayan Shukla, J.—

Heard Mr Ram Lagan Mishra, learned counsel for the petitioner and Mr Sharad Pathak, learned counsel for the respondent nos. 3 to 5.

By means of this writ petition, the petitioner has challenged the judgment and order dated 31.1.2012, passed by the District Judge, Sultanpur and judgment and order dated 5.2.2011 and 27.2.2008, passed by Civil Judge ( Senior Division), Sultanpur.

The facts of the present case are that the Small Cause Court proceeded to pass judgment and decree on 27.2.2008 against the petitioner. On the basis of the said judgment, the respondent/ plaintiff also proceeded for execution of order. The petitioner moved an application under Order IX Rule 13 read with Section 151 C.P.C. and Section 17 of the Small Cause Courts Act with the submission that he heard about the said judgment and decree by some persons, who were told by the respondent at first time only on 27th March, 2009. He immediately rushed to his counsel, who enquired and found that one Execution Case no.1 of 2008 has been filed against the petitioner, then on the same very date his counsel put in appearance in the said case and asked time to file objection in the execution proceeding

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