PREM SINGH Vs. S K SOLOMON

JUDGEMENT

(1.) Even though the case was taken up in the revised list but no one appeared on behalf of the respondent hence only the arguments of learned counsel for the petitioner were heard.

(2.) The first order challenged through this writ petition is dated 20.5.2010 passed by Civil Judge (Junior Division), City, Meerut in Misc. Case No.70 of 2008 S.K.Soloman vs. Prem Masih. The said case was a restoration application filed by defendant of Original Suit No.46 of 1994 Prem Mashi vs. Rajendra which had been decreed ex-parte on 24.7.2004. Through order dated 20.05.2010 restoration application was allowed.

(3.) It was stated in the restoration application by the respondent applicant that he was the Secretary of the St. Thomas Church, Meerut and Rajendra was not the Secretary of the said Church since long before. The suit was filed by the tenant petitioner seeking to restrain the landord from forcibly evicting him. It was further stated that defendant landlord came to know about ex-parte decree on 28.7.2008. Trial court held that earlier the suit was dismissed in default on 3.4.1997 thereafter it was restored on 24.4.2001; on 17.01.2002 the court directed that counsel for the defendant must be informed; accordingly, Shri D.D.Sharma, learned counsel was informed however, Vakalatnama of Shri Sharma was not on record and on behalf of the defendant Vakalatnama of Shri Mohd. Abbas, Advocate was on record. It was also observed that on 24.7.2004 no order on the counter claim of the defendant was passed. It was also mentioned in the order dated 20.5.2010 that delay in filing restoration application had already been condoned. Accordingly, restoration application was allowed.