SHAMIM AHMAD Vs. SHIV NATH KHANDELWAL

JUDGEMENT

(1.) HEARD Sri Virendra Singh along with Sri N.K. Maurya, learned counsel for the petitioner and Sri S.K. Mishra, learned counsel appearing for the caveator -respondent.

(2.) BY means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 2.8.2013 passed by the District Judge, Mau in Civil Revision No. 67 of 2013 (Dr. Shamim Ahmad Vs. Shiv Nath Khndelwal) and order dated 1.5.2013 passed by the Civil Judge (Junior Division), Mau in Misc. Case No. 175 of 2007 (Dr. Shamim Ahmad Vs. Shiv Nath Prasad). Vide order dated 1.5.2013, the petitioner's application filed under Order IX, Rule 13 of the Civil Procedure Code, 1908 (in short, 'CPC') read with section 17 of the Provincial Small Causes Court Act, 1987 for setting aside the ex parte decree has been rejected, whereas by the subsequent order dated 2.8.2013, the petitioner's revision challenging the aforesaid order has been dismissed. The facts giving rise to this case are that it appears, the respondent -landlord has filed SCC Suit No. 1 of 1996 for payment of arrears of house tax, water tax, amounting to Rs. 2,475/ - along with 18% interest since 1985.

(3.) IT appears, the restoration application was filed without complying the provisions contained in proviso to section 17 of the Small Causes Court Act, 1887.