GIRISH GOEL ALIAS POORAN Vs. RADHA RAMAN SINHA

JUDGEMENT

(1.) HEARD, Sri M. K. Gutpa, learned counsel for the tenant/petitioner and Sri A. K. Gupta, learned counsel for the landlord/respondents.

(2.) COUNTER and rejoinder-affidavits have been exchanged. As agreed between the parties, the writ petition is being decided finally at the stage of admission itself under the High Court Rules.

(3.) THE contention of the counsel for the petitioner is that father of the petitioner late Kailash Chandra was not served with any summons either by registered post or process server. THEre was nothing on record that the tenant ever refused notice. An ex parte decree was passed and service of the ex parte decree was effected by publication. THE petitioner filed an application dated 6.8.1997 for setting aside ex parte decree dated 22.7.1997. THE application is annexed as Annexure-2 to the writ petition. THE Judge, Small Causes Court, vide order dated 24.9.1997 had set aside the ex parte decree dated 22.7.1997 and fixed 11.11.1997 as next date. Subsequently, the case was adjourned on several occasions on account of the lawyers' strike or for the reasons the Presiding Officer was not sitting in the Court. On 29.9.1998, the defendant/tenant made a request for adjournment and the Court was pleased to fix 16.10.1998. On that date, the defendant/tenant filed his written statement and also deposited a sum of Rs. 14,500 in compliance of Section 20 (4) of U. P. Act No. 13 of 1972 (hereinafter referred to as the Act). THE written statement is annexed as Annexure- 3 to the writ petition.