JAGDISH KUMAR Vs. RAMESH CHANDRA SHARMA

JUDGEMENT

(1.) S. P. Mehrotra, J. The present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 4-9-2003 (Annexure- 6 to the writ petition) passed by the learned District Judge, Kanpur Nagar.

(2.) THE dispute relates to an accommodation, the details whereof are given in the judgment and order dated 9-8-2002 passed by the learned ACMM/prescribed Authority, Court No. 9, Kanpur Nagar referred to hereinafter. THE said accommodation has hereinafter been referred to as "the disputed accommodation".

(3.) IT further appears that by the order dated 18-2-2003 passed by the learned District Judge, Kanpur Nagar, the said Rent Appeal No. 56 of 2002 was dismissed in default. Copy of the said order dated 18-2- 2003 has been filed as Annexure-3 to the writ petition. A perusal of the said order dated 18-2-2003 shows that an adjournment application was filed on 18-2-2003 on behalf of the petitioner. In regard to the said adjournment application, the said order dated 18-2-2003, inter alia, stated as follows: "adjournment application was moved but there is no Vakalatnama it is not properly signed".