SIKANDAR Vs. AKHALAK

JUDGEMENT

(1.) -THIS petition has been filed for setting aside the order dated 29th May, 2002 passed by the learned Civil Judge (Junior Division), Budhana in Misc. Case No. 1 of 2002 whereby the restoration application filed by the defendant for setting aside the ex parte order dated 30th August, 2001 was rejected. The petitioner has also sought the quashing of the order dated 24th April, 2004 by which the civil revision for setting aside the aforesaid order dated 29th May, 2002 was rejected.

(2.) S. C. C. Suit No. 6 of 1990 was filed by the landlord for recovery of arrears of rent and ejectment. The Trial Court passed an order on 11th May, 2000 that the case shall proceed ex parte against the defendant. On 17th May, 2001, the District Judge transferred the suit from Civil Judge (Senior Division) to Civil Judge (Junior Division), Muzzafarnagar and subsequently on 23rd May, 2001 S. C. C. Suit was again transferred from the Court of Civil Judge Junior Division), Muzaffarnagar to Civil Judge (Junior Division), Budhana. On 30th August, 2001 the suit was decreed ex-parte. It is the contention of the petitioner that he came to know about the aforesaid ex-parte order on 4th April, 2002 and thereafter he moved an application on 8th April, 2002 for setting aside the exparte order which was registered as Misc. Case No. 1 of 2002. Tills application was rejected by the Civil Judge Junior Division) Budhana on 29th May, 2002 and the revision filed for setting aside the aforesaid order was also dismissed.

(3.) I have heard Sri Shashi Nandan, learned Senior Counsel for the petitioner assisted by Sri Nalin Kumar Sharma and Sri S. A. Gilani, Learned Counsel for the respondent.