PHUDAKKI Vs. DISTRICT JUDGE, MIRZAPUR AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the District Judge, Mirzapur dismissing the revision filed by the petitioner against the order of the Munsif, Mirzapur by which the application of the applicant under Order IX, Rule 13, C.P.C., was rejected.

(2.) Brief facts for the purposes of deciding the present writ petition are that the respondents No. 3 Shakuntala Devi filed S.C.C. Suit No. 24 of 1975 for the ejectment of the petitioner from the premises in dispute and for recovery of arrears of rent and damages. The aforesaid suit was decreed ex parte on 16-5-1975 and the delivery of possession was also taken on 6-4-1976. Thereafter an application under Order IX, Rule 13, C.P.C., was filed which was rejected by the Munsif. Feeling aggrieved a revision was filed which too has been rejected. It is these two orders which have been challenged in the present writ petition.

(3.) Learned counsel for the petitioner has urged that the Court having recorded a finding that there was no service under Order V, Rule 17, C.P.C., the ex parte decree should have been set aside.