MOHD ILYAS Vs. SHAMIM AKHTAR

JUDGEMENT

(1.) S. P. Mehrotra, J. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the judgment and order dated 11-10-2002 (Annexure 6 to the writ petition) passed by the learned Additional District Judge, Court No. 18, Meerut (Respondent No. 2) and the order dated 21-10-2000 (Annexure 5 to the writ petition) passed by the learned Judge, Small Cause Court, Meerut (Respondent No. 3 ).

(2.) THE dispute relates to shop No. 45 (New No. 47) situate at Ahmad Road, Meerut. THE said shop has, hereinafter been referred to "the disputed shop. "

(3.) ON 10-4-1998 again, the petitioner did not file the written statement, and instead moved an application No. 27-Ga praying for one month's time for filing written statement. Thereupon, the petitioner was granted 15 days' time for filing written statement. Even after the expiry of 15 days, no written, statement was filed by the petitioner on 25-4-1998 nor did the petitioner appear on the said date. In the circumstances, the Court on 25-4-1998 directed the suit to proceed ex parte, and 28-5-1998 (which had already been fixed in the suit) was fixed for ex parte evidence. ON 28-5-1998, the Presiding Officer was not present, and as such, 10-8-1998 was fixed in the suit.