MUNNA LAL GUPTA Vs. RAM BABU CHOUDHARY

JUDGEMENT

(1.) THE petitioner has preferred this revision application against the order dated 27.4.2004 passed by the learned 2nd Additional District Judge, Patna in Misc. Appeal No. 18 of 2000 by which he has confirmed the order dated 19.2.2000 passed by the Munsif, 1st, Patna in Misc. Case No. 1. of 1999.

(2.) THE opposite parties had filed an Eviction Suit No. 22 of 1998 on the grounds of personal necessity and default. The said case was decreed ex parte by order dated 4.12.1998. According to the petitioner he learnt about the said case for first time on over hearing the opposite parties on 22.12.1998 at 9.30 P.M. that an ex parte order had been passed for vacating the suit premises by the petitioner within two months. Thereafter he filed an urgent inspection slip on 23.12.1998 and learnt about the disposal of the eviction suit.

(3.) ON the aforesaid grounds the Misc. Case No. 1. of 1999.was filed in which the opposite parties appeared and filed their objection asserting that service of notice/ summons had been made upon the petitioner and further that the petitioner had also knowledge of the written statement filed by opposite parties in T Suit No. 17 of 1997 filed by the petitioner, in which written statement it was specifically mentioned that they have filed Eviction Suit No. 22/98 against the petitioners.