SURESH CHAND YADAV Vs. WAQF NAWABIA AGRA

JUDGEMENT

(1.) SUIT No. 762 of 1969 was filed for eviction and recovery of arrears of rent. The petitioners are the heirs of defendant No. 1 Shiv Narain who alone contested the suit. Defendant Nos. 2 and 3 did not contest the suit and nor did they file any written statement. The suit was decreed ex-parte on 29th January, 1974. Feeling aggrieved, defendant No. 1 Shiv Narain filed a Revision. The plaintiffs were arrayed as respondents and defendant Nos. 2 and 3 Shanker Lal and Ram Prasad were also arrayed as proforma respondents. The Revision was allowed by the judgment and order dated 23rd March, 1985 and the ex-parte decree was set aside.

(2.) SUBSEQUENTLY, in the suit, the plaintiffs moved an application dated 23rd March, 1985 for a declaration that the judgment and order dated 23rd March, 1985 is a nullity since during the pendency of the Revision, Shanker Lal and Ram Prasad who were respondents had died but their heirs and legal representatives were not brought on record. The Judge, Small Causes Courts rejected this application filed by the plaintiffs on 2nd November, 1992 but the Revision filed by the plaintiffs was allowed on 31st July, 2001. The judgment and order dated 2nd November, 1992 was set aside and it was further ordered that the execution shall proceed on the basis of the ex-parte decree dated 29th January, 1974.

(3.) THIS petition has been filed by the heirs and legal representatives of Shiv Narain defendant No. 1 for setting aside the judgment and order dated 31st July, 2001.