VISHAMBHAR DAYAL Vs. 8TH ADDL DISTRICT JUDGE BULANDSHAHR

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India for issuing a writ of certiorari quashing the orders dated 28.11.1980. 2.11.1985 and 23.11.1988 passed by the J.S.C.C. and Revlslonal Court.

(2.) The respondent Nos. 3 to 12 filed S.C.C. Suit No. 33 of 1980 against Ram Chander father of the petitioners for his ejectment and recovery of arrears of rent and damages on the ground of default in payment of rent. The above suit was decreed ex parte on 28.11.1980, as the defendant of the suit was served, but did not appear to contest.

(3.) The petitioners moved an application under Order IX, Rule 13. C.P.C. for setting aside the above ex parte decree on the ground that summons of the case was not served on their father, nor he refused to take any summons. They came to know about the decree only on 7.12.1981 through one Ram Autar. The respondents contested the above application on various grounds. The above application of the petitioners was. however, rejected on 6.2.1983. The petitioners filed a revision against the said order. The revisional court allowed the application and remanded the case to the trial court with direction to decide the matter afresh. After remand, petitioners examined (P.W. 1) and (P.W. 2) before the Court and respondents examined (D.W. 1) and parties also filed documentary evidence. The trial court again dismissed the above application on 2.11.1985 holding that there was no sufficient ground for setting aside the ex parte decree. The petitioners filed S.C.C. Revision No. 112 of 1985. The revisional court dismissed the revision by impugned order dated 21.3.1988. The said order of revisional court has been challenged in this writ petition.