MOHD SATTAR KHAN Vs. BRIJESH KUMAR

JUDGEMENT

(1.) IN the present case, petitioner has been tenant of premises in question. Proceeding for ejectment has been initiated against the father of the petitioner and in the said proceedings so initiated in the shape of JSCC Suit No. 8 of 2001 in the Court of Judge Small Causes, Gorakhpur petitioner's father did not appear to participate in the said proceeding and ultimately he died on 14.10.2001 and thereafter substitution proceedings were undertaken and steps were undertaken for effecting service upon petitioner and then ex parte decree was passed on 18.1.2007 for ejectment. Petitioner after acquiring knowledge of the same moved an application under Order IX Rule 13of C.P.C. for setting aside ex parte decree. Said application has been rejected on 28.7.2008 by the Judge Small Causes for non-compliance of Section 17 of Act No. 9 of 1987 and against the same present writ petition has been filed.

(2.) SUPPLEMENTARY affidavit has also been filed appending therein copy of the reply dated 26.9. 2000, photocopy of the notice dated 4.1.2001 and copy of its reply dated 25.1.2001 and receipt of last deposit.

(3.) IN order to appreciate respective arguments which has been advanced Section 17 of Provincial Small Cause Courts Act, 1887 is being looked into.