DR. MEHAR BANO CHAUDHARI Vs. SMT. AJIJ BANO

JUDGEMENT

(1.) By this revision petition under Sec. 25 of the provincial Small Cause Courts Act the tenant defendant challenges an order dated 7.7.1984 passed by the Special Judge/Addl. District Judge, Shahajahanpur exercising jurisdiction as Small Cause Court in Small Cause Suit No.1 of 1984, whereby the said suit filed by landlord respondent for ejecting of the defendant revisionist from the tenanted accommodation on the ground of default has been decreed.

(2.) I have heard Mr. S. Masood, learned Counsel for the revisionist. No one appeared on behalf of the respondent. The suit has been decreed ex-parte. The record of the Court below shows that 2.3.1984 was fixed for hearing. On that date the defendant did not appear and the Court ordered the suit to proceed ex-parte against her and fixed 24.4.1984 for hearing. The case could not be taken up on that date because of lawyer's strike and 22.5.1984 was fixed. In the meantime the case was transferred from the Court of District Judge to the Court of Special Judge. On 22.5.1984 an application was moved on behalf of the defendant revisionist for recalling the ex-parte order. That was rejected by order dated 31.5.1984 and 7th July, 1984 was fixed for hearing. On that date the plaintiff filed an affidavit in support of the plaint allegations while the defendant moved an application to bring a stay order from the High Court on which no order seems to have been passed and on the basis of the affidavit the suit has been decreed ex-parte.

(3.) It is contended that the defendant was not allowed to cross-examine the person who filed the affidavit on behalf of the plaintiff and that the plaintiff had failed to prove his case. It is also alleged that the Court wrongly refused to set aside the order dated 2.3.1984 by which the suit was directed to proceed ex-parte.