RAM KALI Vs. SIA RAM

JUDGEMENT

(1.) SRIMATI Ram Kali has filed this review application and has also preferred an application for setting aside the ex parte order passed by a learned single Judge of this Court dated 13 -4 -1976. We have gone through the order passed by the learned single Judge in Second Appeal No. 355 of 1972. The appeal was allowed and the judgment and decree of the Civil Judge, Kheri, dated 20 -7 -1972 and the decree dated 31 -8 -1971 were set aside. Since the learned Judge has retired the matter has come up before this Bench.

(2.) THE sole question considered by the learned Judge while disposing of the second appeal was that the notice served under section 106 of the Transfer of Property Act was bad as it did not give one month's notice and, therefore, the orders passed by the subordinate courts were not correct. We have gone through the application for setting aside of the ex parte decree and we are constrained to observe that no sufficient cause has been shown in the said application supported by affidavit to set aside the ex parte order. While considering the review application we have gone into the merits of the case and we are of the view after examination of the facts and hearing the learned counsel for the parties that no case is made out for interference. In the instant case a notice under section 106 of the Transfer of Property Act was served on 8 -2 -1968. In the notice it was directed that the appellant i.e., the present opposite parties were to quit the land within one month of the date of service of the notice. The word 'month' has been defined in the U.P. General Clauses Act as: - -