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2015 Supreme(All) 784

SUNEET KUMAR
KUSUM DEVI – Appellant
Versus
RAM JI VERMA – Respondent


Advocates:
Counsel :
Rajesh Kumar Singh for the Petitioner; N.K. Chaturvedi for the Respondent.

JUDGMENT

Hon’ble Suneet Kumar, J.—The respondent/landlord filed a suit for eviction and arrears of rent before the Small Causes Court at Gorakhpur being Case No. 20 of 2005 (Ram Ji Verma v. Smt. Kusum). The suit was decreed ex parte by judgment and order dated 28 August 2006. The petitioner made an application dated 19 October 2006 in terms of Order 9 Rule 13 alongwith delay condonation application. During pendency of the application, the petitioner moved an application (Paper No. 63-Ga) under Section 17 of the Provincial Small Causes Court Act, 1887 (the Act, 1887) on 3 September 2011 seeking permission of the Court to deposit the decretal amount as per the decree. The trial Court rejected the application moved under Section 17 of the Act, 1887 on 4 August 2012. The petitioner made another application for recall of the order which was rejected on 16 August 2013. Aggrieved, the petitioner preferred a revision before the Additional District Judge, Court No. 2, Gorakhpur being Revision No. 19 of 2013 (Smt. Kusum v. Ram Ji Verma) which was dismissed on 10 September 2014. Aggrieved, the petitioner is assailing the aforementioned orders in writ jurisdiction.

2. At the very outset, learne





























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