CHANDRA BHAN SRIVASTAVA Vs. PREMA SRIVASTAVA

JUDGEMENT

(1.) N. L. Ganguly, J. This civil revision under Section 25 of the Provincial Small Causes Court Act has been filed against the ex parte judgment and decree dated 29-1-1985 passed by VIII Additional District Judge, Kanpur decreeing the suit for eviction and recovery of arrears of rent. The parties are represented and have exchanged affidavits. The parties consented that original record of the court below shall not be necessary. I proceed to decide the revision finally.

(2.) THE learned counsel for the applicant submits that the suit was filed before the court. Order sheet shows that notice was served, as per order sheet dated 11-1-1985, on the defendant but no written statement was filed on behalf of defendant. THEreafter it was directed that the S. C. C. Suit itself be transferred to court of VIII Additional District Judge fixing 24-14985. Record shows that the record of the suit was received by transfer on 15-1-1985. It was directed by the VIII Additional District Judge to put up the case on the date fixed. On the date fixed, 24-1-1985 when the case was called in the court of VIII Additional District Judge the defendant was not present. It is noted in the order sheet that he was personally served and no written state ment has been Sled. Order for proceeding ex-parte was passed fixing 25-1-1985. On the said date plaintiff's witnesses was recorded and judgment was fixed for 29-1- 1985 and the impugned judgment was passed on the said date.

(3.) THE revision is allowed with the aforementioned observations. Parties to beat cost. Revision allowed. .