MUNNI Vs. ZAREENA BEGUM

JUDGEMENT

(1.) This is a writ petition for issuing a writ in the nature of certiorari to quash the impugned orders cjated 14-11- 2003 and 9-1-2004 as contained in Annexure Nos. 13 and 15 to the writ petition and for issuing a direction to the opposite party No. 3, Judge, Small Causes, Lucknow to decide the application under O. 21, R. 97, C.P.C. in accordance with law.

(2.) Opposite party No. 1 Smt. Zareena Begum filed a suit of the disputed premises for arrears of rent and eviction against Raju as legal heir and representative of the initial tenant Laltoo who died in the year 1980. The suit was registered as S.C.C. Suit No. 123 of 1996. During the pendency of the suit, the petitioner claiming herself to the tenant after the death of her husband Laltoo moved an application for impleadment under O. 1, R.10, C.P.C. This application was rejected by the Judge, Small Causes and a revision preferred by her against this rejection order was also dismissed by the revisional Court. After the suit was decreed the petitioner resisted the execution of the decree and filed objection under O. 21, R. 97, C.P.C. This objection under O. 21, R. 97, C.P.C. has been rejected by the Judge, Small Causes, Lucknow vide order dated 14-11- 2003 as contained in Annexure No. 13. The petitioner filed a revision against this order which was registered as S.C.C. Revision No. 5 of 2004 and this revision has been dismissed on 9-1-2004 by the Additional District Judge, Court No. 8, Lucknow. It is against these two orders; this writ petition has been filed.

(3.) Both the parties have filed the counter-affidavit and rejoinder-affidavit.