RAM CHANDRA Vs. XTH ADDL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) Heard Counsel for the parties and perused the record.

(2.) IT appears that Suit No. 139 of 1997 was filed by respondent No. 3 against the petitioner for eviction and recovery of arrears of rent before the Judge, Small Causes Court, Allahabad. In the aforesaid suit 22- 4-1999 was fixed for evidence of the petitioner-tenant.

(3.) THE contention of the Counsel for the petitioner is that the Revisional Court has not considered the pleadings of the petitioner in para 3 of the memo of revision which was specifically argued bringing to the notice of the Revisional Court the circumstances under which the evidence of the petitioner was closed and he was deprived of the opportunity to lead evidence resulting in order from ex parte proceedings against which the revision was filed. It is stated that the Revisional Court without application of mind has mechanically up held the order of the trial Court dated 28-4-1999 vide order dated 30-5-2001.