OM PRAKASH Vs. BN PUBLIC SCHOOL

JUDGEMENT

(1.) Heard Shri Arvind Srivastava, learned Advocate appearing for revision applicant and Shri Ved Byas Mishra, learned Advocate appearing for landlord respondents.

(2.) By means of this revision application instituted under Sec. 25 of the Provincial Small Causes Courts Act, 1887 revision applicant has challenged the order passed by the Judge Small Causes rejecting his application filed under Order IX Rule 13 CPC to set aside the ex parte judgment and decree dtd. 27/10/2015 decreeing the SCC suit No. 07 of 2014.

(3.) Briefly stated the facts of the case are that petitioner admittedly being a tenant of the landlord respondent was subject to an eviction suit for recovery of arrears of rent vide SCC Case No. 07 of 2014. Petitioner sought to contest the matter on the plea that he was not the tenant of the landlord respondent but was the owner of the property in question and that the municipal records carried his name in the column of title of the property but ultimately for his non-appearance in the suit, the suit proceeded ex parte and got finally decreed vide judgment and decree dtd. 27/10/2015. Instead of challenging the same before the higher court, petitioner moved an application initially under Sec. 151 CPC registered as Misc. Case No. 1 of 2016 for recall of the ex parte judgment and decree. This application dtd. 30/3/2016 ultimately came to be rejected by the court on 4/4/2016 recording this fact that neither the compliance of the provision under Sec. 17 of the Provincial Small Causes Court Act was made, nor application was filed under Order IX Rule 13 CPC. The Court also observed that the application in these circumstances filed under Sec. 151 CPC was not maintainable.