JAGANNATH SINGH Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Sri S. N Singh, learned Counsel for the peti tioner and learned Standing Counsel.

(2.) THIS writ petition has been filed for issuance of a writ certiorari quashing the orders dated 11. 1. 1988 by which the Munsif Allahabad to proceed ex-parte against the petitioner. The petitioner has also prayed for setting aside the order dated 9. 7. 1991 and 18. 11. 19091 passed by the District Judge, Allahabad in Civil Revision No. 200 of 1991.

(3.) IT is submitted that the petitioner in this petition and defendant No. 3 in suit had filed his written statement on 8. 7. 1987 on very first date as paper No. 12 therein. Thereafter on 4. 1. 1988 the following orders was passed in the suit:- "p. O. has gone to Lucknow for official work. Fresh steps for opposite party Nos. 2, 4 to 6 bothways within seven days. Fix 4. 1. 1988 for W. S. and 11. 1. 1988 for issues. " IT appears from the copy of order-sheet appended as Annexure No. 2 to the writ petition that on the next date 11. 1. 1988 application No. 15-C filed by the plaintiffs and the following orders was passed on that date :- "case called out. None appears for the defendants. Counsel for the plaintiff is present. 15-C application filed by plaintiff for delaying the service sufficient on defendant Nos. 2, 5, 4, 8 and 6. Seen the report paper No. 14-C. From the perusal of this paper appears that service on the de fendant Nos. 2, 5 and 6 is sufficient and service on defendant Nos. 2 and 4 is not sufficient. So 15-C is allowed accordingly. Issue fresh summons to the defendant Nos. 2 and 4 fixing 23. 3. 88 for W. S. and 30. 3. 88 for issues. Today no W. S. has been filed by defendant Nos. 3, 5 and 6, so suit to proceed ex parte against defendant Nos. 1, 3, 5 and 6. Steps bothways within seven days. "