PANNA LAL Vs. 1ST ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and also perused the record. By means of this petition filed under Article 226 of the Constitution of India petitioner challenges the validity of the order dated 18th July, 2000 whereby the revision filed by the petitioner was dismissed by the revisional Court and the order dated 21st July, 2000 whereby the restoration application filed by the petitioner was dismissed by the Court below.

(2.) IT appears that the contesting Respondent No. 2 filed a suit for recovery of arrears of rent, damages and ejectment. The suit was contested by the petitioner. However, on the date fixed for hearing, the petitioner did not appear before the Court, consequently, the suit was directed to proceed ex -parte and was ultimately decreed by the judgment and decree dated 9th December, 1993. Challenging the validity of the said judgment and decree, an application under Order IX, Rule 13, C.P.C. was filed. The said application was dismissed on 1st April, 1994. Challenging the validity of the said order, the petitioner filed a revision before the Court below. The revision was also dismissed in default on 18th July, 2000. Consequently, the petitioner filed a restoration application on 21st July, 2000. The application filed by the petitioner was objected to and opposed by the Respondent No. 2. It was contended that no case for setting aside the order dated 18th July, 2000 was made out.