DINESH KUMAR DUBEY Vs. GANGA SHANKAR TIWARI

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) BRIEF facts of the case are that respondent filed original suit No. 53 of 1997 against the petitioner for ejectment from one shop in ground floor in premises of 104/159 Sisamau, Kanpur Nagar. The suit was decreed ex parte by order dated 24-12- 1997.

(3.) THE trial Court vide order dated 21-9-2003 dismissed the aforesaid application under Order IX, Rule 13 C. P. C. without considering the merit of the application on the ground that there was no compliance of Section 17 (1) of the Act.