ORDER :

Surya Prakash Kesarwani, J.

1. Heard Sri Siddharth Nandan, learned counsel for the applicant-petitioner and Sri Anoop Trivedi, learned Senior Advocate, assisted by Sri Nitin Chandra Mishra, learned counsel for the plaintiff - opposite party no. 4.

2. This petition under Article 227 of the Constitution of India has been filed praying to set aside the order dated 30.04.2019 in Misc. Case No. 45 of 2018 (Shrawan Vs. Javed) under Rule 32 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 (hereinafter referred to "Rules, 1972") read with Section 151 C.P.C. passed by the Civil Judge (S.D.), Court No. 18, Deoria, rejecting the restoration application 4 Ga, filed by the applicant-petitioner for recall of the ex-party judgment and decree dated 07.04.2018 in P.A. Case No. 01 of 2017 {Javed Ahmad Vs. Smt. Renu Kushwaha, Dipu Kushwaha, Gaurav Kushwaha (defendant 1st set) and Venketeshwar (defendant 2nd set)}.

3. Learned counsel for the petitioner has submitted at the very outset that he is not pressing the relief no. 2 since the application has been decided by the impugned order.

Facts:-

4. Briefly stated facts of the present case are that the defendant 1st se