RAM ABHILAKH OJHA Vs. JUGGI LAL

JUDGEMENT

(1.) THIS writ petition has been filed, inter alia, challenging the orders dated 7 -3 -1981, 21 -7 - 1982 and 30 -7 -1982 (Annexure Nos. 4, 6 and 9 to the writ petition).

(2.) THE dispute related to the first floor portion of the premises No. 86/264, Garg Road, Raipurwa, Kanpur consisting of a small room and an open roof in front thereof. The said accommodation is herein referred to as “the disputed accommodation”.

(3.) THE petitioner filed an application for setting aside the said order dated 21 -7 -1982 and restoring the review application to its original number. This application is annexed as Annexure No. 7 to the writ petition. This application was accompanied by an affidavit of one Om Prakash, clerk to Sri M.R. Siddiqui, Advocate sworn on 30th July, 1982. The said affidavit is annexed as Annexure No. 8 to the writ petition. It was, inter alia, stated in the said affidavit that the said Om Prakash was clerk to Sri M.R. Siddiqui, Advocate, learned counsel for the applicant/petitioner before the A.D.M.(CS)/Rent Control and Eviction Officer, Kanpur, and that the said Om Prakash was personally present in the Court when the case was called out and he informed the Reader that the counsel for the applicant was abroad and as such, was unable to proceed with the case.