SURYA DEV SINGH Vs. DISTRICT LODGEAND ORS.

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India.

(2.) Vikrama Singh, opposite party No. 3, filed a suit against one Baldeo Singh for specific performance of a contract of sale. This suit was decreed ex -parte on 25th March, 1975. On 13th July, 1976, Baldeo Singh moved an application under Order 9 Rule 13, Code of Civil Procedure for setting aside the ex -parte decree. On 17th February, 1977, before the application could be disposed of. Baldeo Singh died. After the death of Baldeo Singh, the Petitioner Surya Dev Singh filed an application for substitution in place of Baldeo Singh and sought permission to prosecute the application moved by Baldeo Singh.

(3.) The trial Court allowed the application on 11th October, 1979. Against the judgment dated 11th October, 1979, Vikrama Singh filed a revision in the Court of the District Judge, Azamgarh. The revisional Court allowed the revision on 17th December, 1979, and set aside the order dated 11th October, 1979. The Petitioner being aggrieved by the order dated 17th December, 1979, has filed the present petition in this Court.