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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR
Om Prakash – Appellant
Versus
Bn Public School – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Shri Arvind Srivastava, learned Advocate appearing for revision applicant and Shri Ved Byas Mishra, learned Advocate appearing for landlord respondents.
2. By means of this revision application instituted under Section 25 of the Provincial Small Causes Courts Act , 1887 revision applicant has challenged the order passed by the Judge Small Causes rejecting his application filed under Order IX Rule 13 CPC to set aside the ex parte judgment and decree dated 27.10.2015 decreeing the SCC suit No. 07 of 2014.
3. Briefly stated the facts of the case are that petitioner admittedly being a tenant of the landlord respondent was subject to an eviction suit for recovery of arrears of rent vide SCC Case No. 07 of 2014. Petitioner sought to contest the matter on the plea that he was not the tenant of the landlord respondent but was the owner of the property in question and that the municipal records carried his name in the column of title of the property but ultimately for his non-appearance in the suit, the suit proceeded ex parte and got finally decreed vide judgment and decree dated 27.10.2015. Instead of challenging the same before the higher court, petitioner
Compliance with mandatory deposit requirements under Section 17 of the Provincial Small Causes Courts Act is essential for challenging an ex parte judgment, and procedural missteps do not invalidate ....
Applicants must comply with mandatory deposit requirements for recall of ex parte decrees under Section 17(1) of the Provincial Small Cause Courts Act; non-compliance renders the application incompet....
The primary prayer in both recall applications was substantially the recall of the order dated December 6, 2018, and the Court rejected the second recall application on the ground of constructive res....
The main legal point established in the judgment is the requirement of filing a certified copy of the decree along with the memorandum of appeal, and the court's consideration of the maintainability ....
Amendments to pleadings must be permitted to ensure justice unless they alter the case's fundamental character; procedural orders not affecting substantive rights are non-revisable under Section 29(3....
The court emphasized that timely payment of rent is essential in eviction suits, and striking out a defense should be exercised with discretion, especially when landlord-tenant relationships are disp....
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