SARDAR SEWA SINGH Vs. LALA GOPAL DAS

JUDGEMENT

(1.) S. U. Khan, J. In this case argument on restoration application as well as writ petition were heard on 16-1-2004 and judgment was reserved.

(2.) CAUSE shown is sufficient. The order dated 9-7-2003, dismissing the writ petition in default is set aside.

(3.) IF a defendant does not file written statement then decree may be passed against him. However, no such finding can be given or decree may be passed which directly and substantially affects the rights of other defendants who have appeared and filed written statement. IF the view taken by the revisional Court is taken to be correct then any tenant can be ejected without any fault on his part by showing him to be sub-tenant of close friend of plaintiff. Such close friend may either remain ex parte or may support the case of the plaintiff.