GUJIYA Vs. TEEPU SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) Present writ petition has been filed seeking a writ of certiorari quashing the order dated 20.1.2014 and 17.1.2015 passed by Prescribed Authority/Judge Small Causes Court, Gorakhpur in Misc. Suit No. 17 of 2011.

(3.) Learned counsel for the petitioners contends that the respondents filed P.A. Case No. 36 of 2010 for eviction of the petitioners-tenant from the disputed premises, in which the petitioners put in appearance through counsel but thereafter the petitioner No. 1 could not appear as she was old lady and was ailing, therefore, an ex parte order was passed on 03.10.2011 against the petitioners. It is next contended that when the petitioner No. 1 recovered from her ailment, she filed an application for recall of the ex parte order on 09.12.2011, which has been rejected, against which an appeal was filed by the petitioner No. 1, which has also been dismissed. Learned counsel for the petitioners contends that as the petitioner No. 1 was old ailing lady and therefore, she could not appear and as soon as she came to know about the ex parte order, she moved application along with application under Section 5 of the Limitation Act, which has been illegally rejected. It is next contended that the petitioner No. 1 has expired and petitioner No. 2 is her son.