LAWS(ALL)-1991-10-27

SURESH CHAND Vs. VII ADDITIONAL DISTRICT JUDGE MUZAFFARNAGAR

Decided On October 21, 1991
SURESH CHAND Appellant
V/S
VII-ADDITIONAL DISTRICT JUDGE, MUZAFFARNAGAR Respondents

JUDGEMENT

(1.) This is a tenant's writ petition. Respondent No. 3 filed a suit for ejectment on the ground of default. Notices were issued to the defendant but he did not put in appearance. The suit proceeded ex parte. Subsequently it was decreed on 14-1-1987.

(2.) The petitioner came to know of the said decree on 27-1-1987. The relevant record was got inspected the same day. He filed an application under O. 9, R. 13, C.P.C. along with an affidavit for setting aside the ex parte decree on 28-1-1987. Thereafter, he moved an application under S. 17 of the Provincial Small Cause Courts Act (in short the Act') praying that he may be permitted to furnish the personal security.

(3.) The court allowed the application under O. 9, R, 13, C.P.C. on 13-3-1987 holding that there was no personal service on the defendant. The application under S. 17 of the Act was also allowed. The personal security was accepted. The order dated 23-9-1986, to proceed ex parte and ex parte decree dated 14-1-1987 were set aside on payment of cost.