RAM NARAIN MISRA Vs. GOBARDHAN DAS AGARWAL

JUDGEMENT

(1.) This is the civil revision against the judgment and order dated 19.1.1989, passed by Sri U.K. Tripathi, the then learned Xth Additional District Judge, Lucknow, allowing the application of defendant-opposite party for setting aside ex parte judgment, order and decree dated 19.12.1987.

(2.) The facts giving rise to this revision are that the plaintiff-revisionist has filed a suit under Section 20 Clause (2) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for recovery of arrears of rent and ejectment. The aforesaid suit was decreed ex parte. No application under proviso to Section 17 of Small Cause Courts Act was filed. The restoration application under Order IX, Rule 13 was filed without complying with the proviso to Section 17. The learned Judge, Small Causes Court has rejected the restoration application for want of compliance of the aforesaid proviso. In revision, the Additional District Judge has set aside the ex parte order and has ordered for restoration of the Small Causes Courts suit. Feeling aggrieved, the plaintiff-revisionist has preferred this revision.

(3.) Heard arguments and have gone through the records.