ATAR SINGH Vs. DISTRICT JUDGE JHANSI

JUDGEMENT

(1.) This writ petition is directed against the order dated 1/02/1993 passed by Judge, Small Causes Court, Jhansi, rejecting the objection of the petitioner filed under S. 47 of the Civil Procedure Code in execution of decree against him and the order dated 2-11-93 passed by respondent No. 1, dismissing the revision against the said order.

(2.) The facts briefly stated are that respondents 3 and 4 filed Suit No. 508 of 1973 against Bhawani Singh and Hardas predecessors-in-interest of the petitioner for ejectment from House No. 1725 situated in Mohalla Nai Basti, Jhansi, arrears of rent and damages. The summons of the suit were served on the defendants. The defendants did not appear on the date fixed for hearing of the case and the suit was decreed ex parte on 9-7-1976.

(3.) Bhawani Singh and Hardas who were defendants in the suit, after coming to know of the ex parte decree passed in the said suit, filed Suit No. 678 of 1976 for declaration that the decree passed by Judge, Small Causes Court in Suit No. 508 of 1973 was illegal and without jurisdiction on the allegations that the parties had entered into an oral compromise according to which they were liable to pay costs of the suit and the plaintiffs were to get the suit dismissed in default. They had paid cost to the plaintiff but the plaintiff instead of getting the suit dismissed in default got the suit decreed ex parte. They also filed an application for temporary injunction. The application was rejected. They filed an appeal and the appeal was also dismissed on 8-2-1982 and ultimately the suit was dismissed in default.