AJEET GUPTA Vs. MUKTESHWARI NIGAM

JUDGEMENT

(1.) THIS revision is directed against the order dated 22-12-1981 recorded by the learned IX Additional District Judge, Kanpur Sri K. D. Sahi in Misc. case no. 1/74 of 1981 arising out of Original suit no. 49 of 1977 by which objection of revisionist under Section 47 of the Code of Civil Procedure was rejested with costs.

(2.) IT appears that revisionist and opposite party no. 2 are own brothers, sons of late Sri R. C. Gupta, opposite party no. 3 is their mother. Opposite party no. 4 is Sri Ambika Prasad held as joint tenant of Sri R. C. Gupta in the disputed premises by learned trial Judge who decreed the suit for ejectment of defendants from the premises in suit and for recovery of Rs. 3150/- as arrears of rent alongwith costs and pendentelite and future damages at the rate of Rs. 100/- per month on 9-5-1978. IT was suit no. 49 of 1977 (which was on Small Causes Court side),

(3.) IT appears that defence of Sri Ambika Prasad was struck off under Order 15, Rule 5 of the Code of Civil Procedure on 4-3-1978. The matter was carried in revision by him which was Civil Revision no, 2704 of 1978. IT was dismissed on 5-12-1980. IT was further observed in the said order that service of notice on all joint tenants was not necessary when Ambika Prasad had been duly served. So learned trial Judge found that such plea could not be raised before him by the objector-revisionist. IT appears that an earlier revision no. 1228 of 1978 preferred by Sri Ambika Prasad was dismissed as infructuous on 10-7-1978 without issuing notices to the revisionist and his brother who were arrayed as opposite parties.