SANJAY GUPTA Vs. JAG MOHAN KHANNA

JUDGEMENT

(1.) Heard Sri Rahul Chaudhary, learned Counsel for the petitioner and Mrs. Rama Goel, learned Counsel appearing on behalf of the respondents.

(2.) By means of this writ petition the petitioner seeks to challenge the order dated 11.11.2003 passed by Judge Small Causes Court in Misc. Case No. 8 of 1996 as also the revisional order dated 8.4.2004 passed by the Additional District Judge in revision No. 54 of 2003 whereby the application under order IX, rule 13 C.P.C. filed by the petitioner has been rejected.

(3.) The facts of the case are that the respondent had filed a suit in the Court of JSCC for arrears of rent, eviction and also on the ground of material alteration. The suit was decreed exparte on 5.7.1995. The petitioner alleges to have made an application for recall of the aforesaid order on 22.2.1996. It is not in dispute between the parties that the provisions of Sec. 17 of Provincial Small Causes Court Act had been duly complied by the petitioner.