MAJJA CHAUDHURI Vs. SOHAN LAL

JUDGEMENT

(1.) This is a revision application under Sec. 115 C.P.C. by defendant Nos. 2, 3 and 5 against the judgment and order dated 27-2-1973 by the learned Judge Small Cause Court, Allahabad.

(2.) Briefly stated that facts are that the plaintiffs opposite party had filed a suit for ejectment against five defendants, including the revisionists. Jhhamman defendant No. 1 was alleged to be the chief tenant and the remaining defendants were said to be his sub-tenants. The suit was contested by Jhhamman alone and was decreed against him on merits and exparate against other defendants on 18-5-1971. Thereafter Jhhamman filed an appeal on 4-8-1971. It was C.A. No. 185 of 1971. On 30-7-1971 the revisionists alone filed an application under Order 9 rule 13 C.P.C. for setting aside the exparate decree. In the first appeal all the subtenants were made parties. The revisionists had notice of that appeal and were represented by a counsel but they did not take any step to have the hearing of the appeal stayed till the disposal of the application under Order 9 rule 13 C.P.C. with the result that the appeal was dismissed on 27-3-1972. On 15-4-1972 the application under Order 9 rule 13 C.P.C. came up for hearing and was rejected because the decree of the trial Court had merged in the decree of the first Appellate Court and the application had become infructuous.

(3.) Jhamman, the chief tenant, appears to have filed a second appeal but unsuccessfully.