RAJANI CHAUHAN Vs. SAROJ SINGH

JUDGEMENT

(1.) This writ petition is directed against the impugned order dated 27.9.2011 whereby an application of the petitioner for recalling the judgment and order dated 18.12.2009 passed by Additional District Judge, Court No. 2, Bulandshahr in Small Causes Case No. 9 of 2004, Smt. Saroj Singh and another v. Smt. Rajni Chauhan and another) has been dismissed. SCC Suit No. 9 of 2004 was filed by the landlord-Respondent No. 1 in March, 2004 against the petitioner for arrears of rent and ejectment. The said suit was decreed against the petitioner by judgment and order dated 18.12.2009. Being aggrieved and dissatisfied with the said judgment and decree order dated 18.12.2009, the petitioner preferred a SCC Revision No. 19 of 2010 before this Court which was finally disposed of by judgment and order dated 19.1.2010. For ready reference, judgment and order dated 19.1.2010 passed by this Court in SCC Revision No. 19 of 2010 is quoted herein below:

(2.) The aforementioned order passed by this Court reveals that the matter was heard at length by this Court and with the consent of the parties, the revision was decided but the petitioner instead of complying with the order dated 19.1.2010 passed by this Court, in order to prolong the execution proceedings, filed an application for recalling the judgment and decree dated 18.12.2009, inter alia, on the ground that the said judgment was obtained through fraud, collusion and mis-representation. The said application was dismissed by the Court below by a detailed order dated 27.9.2011. Aggrieved with the said order, the present writ petition has been filed.

(3.) The matter was heard on 8.11.2011 and after perusing the record, this Court was of the tentative opinion that the present petition is nothing but an abuse of the process of the Court and liable, to be dismissed with exemplary cost, Thereupon the learned Counsel for the petitioner requested the Court on 8.11.2011 to place the matter for further consideration on the next date i.e., 9.11.2011. For ready reference, the order 8.11.2011 is quoted hereinbelow: