MIJJAN Vs. IIND ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) MIJJAN filed this writ petition for quashing the judgments and decrees dated 18.4.1978, 5.3.1979 and 11.3.1979 contained in Annexures 3, 4 and 6, respectively of the writ petition.

(2.) THE opposite party No. 3 Radhey Lal filed Civil Suit No. 349 of 1970 in the Court of Munsif (North), Lucknow on 10.8.1970 which was transferred to the Court of JSCC on 8.1.1972. It was again transferred on 19.7.1977 to the Court of Munsiff (North) in his capacity as JSCC. He received the file on 10.8.1977. Ex parte evidence was recorded on 7.12.1977 and the ex parte decree was passed on 8.4.1978. The petitioner Mijjan moved an application on 2.5.1978 for setting aside the ex parte decree which was dismissed vide Annexure 4. He preferred a revision vide Annexure 5. His revision was dismissed on 11.8.1979 vide Annexure 6, on the ground that there has not been any compliance of Section 17 of the SCC Act. Thereafter, he preferred the present writ petition.

(3.) THE suit was filed for recovery of Rs. 339.50 as arrears of rent Rs. 7.00 as damages for 346.40 and for ejectment and also for future damages for use and occupation. The arrears of rent were claimed for the period between 16.5.1970 and 3.7.1970. The suit was decreed for Rs. 346.40 and damages for use and occupation at the rate of Rs. 6/- per month. The judgment-debtor claimed to have deposited a sum of Rs. 454.40 on 27.11.1976 and a sum of Rs. 27.00 in September, 77. According to him, a sum of Rs. 4871/- thus stood deposited by the petitioner in Court on 2.5.1978 when he moved an application for setting aside the ex parte decree.