RAM PYARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties. Respondent Nos. 2 and 3 Balaji and Chhangu instituted O.S. No. 242 of 2006 against Nand Varsayan and four others. Petitioner Ram Pyari was defendant No. 4 in the suit. The suit was decreed ex parte on 25.3.2008 by Civil Judge (S.D.) Azamgarh. Petitioner filed restoration application alongwith delay condonation application on 30.8.2008. Civil Judge (S.D.) Azamgarh rejected the delay condonation application as well as restoration application through order dated 3.9.2011.

(2.) Against the said order petitioner filed misc. civil appeal No. 124 of 2011 A.D.J. Court No. 8, Azamgarh dismissed the appeal on 29.5.2012, hence this writ petition.

(3.) Restoration application had been filed after five months and five days. The Courts below took an ultra technical view of the matter. Before decreeing the suit ex parte, the service was deemed sufficient as it was shown that petitioner had refused to accept the registered notice.