AMITAB CHAUDHARY Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) This petition under Art.226 of the Constitution has been preferred by Amitab Chaudhary against the judgment of the District Judge, Allahabad, dated 4th May, 1983, allowing the application of Mewa Lal, respondent No. 2, filed under S.14 of the Limitation Act.

(2.) The brief facts are these. Amitab Chaudhary filed suit No. 661 of 1981 for possession and demolition of constructions made by Respondent 2 Mewa Lal. The suit was decreed ex parte on October 19, 1981 with costs. An application for execution was thereafter made by the petitioner Amitab Chaudhary on 28-1-1982. On 30-1-1982 the application was registered and writ of possession was issued returnable by 27-2-1982. On 25-2-1982, the decree-holder Amitab Chaudhary applied for police assistance to enable him to obtain possession and demolition. On 27-2-1982, an order was passed by the Munsif concerned that writ be issued returnable by 26-3-1982. Ultimately, it appears that on 17-5-1982 Mahila police was directed to be given to help in the execution.

(3.) On 17-5-1982, the judgment debtor Mewa Lal, Respondent 2, moved an application under Order IX, Rule 13 C.P.C. for setting aside the ex parte decree. On this application, notices were directed to be issued fixing 3-7-1982. An objection to this application was filed on 28-5-1982 along with a counter-affidavit. On this very day, the executing court recorded the statement of Respondent No. 2. The case was continued and was fixed for 3-7-1982 for remaining evidence, but subsequently this date was changed on the application of Respondent 2 himself and 31-5-1982 was fixed for remaining evidence, on which date the evidence of respondent 2 was concluded and 9-7-1982 was fixed for evidence of the petitioner. On 9-7-1982, respondent 2 since did not appear, the application made under Order IX Rule 13 C.P.C. for setting aside the ex parte decree was rejected.