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2010 DIGILAW 1193 (ALL)

TAIYYAB ALI BHAI v. INCHARGE DISTRICT JUDGE, LUCKNOW

2010-04-13

RAJIV SHARMA

body2010
JUDGMENT RAJIV SHARMA, J.--Heard Mr. R.K. Sharma, learned Counsel for the petitioner and Mr. S.K. Srivastava, learned Counsel for the opposite parties 3 and 4. 2. Issuance of notice of the opposite parties 5 to 8 is dispensed with. 3. The facts of the case, in brief, are that the opposite parties 3 and 4 filed SCC Suit No. 151 of 2004 against the opposite parties 5 to 8 and the petitioner for ejectment and recovery of arrears of rent and damages alleging that the petitioner, who is impleaded as defendant No.3, is unauthorized occupant having been inducted as sub-tenant by the opposite parties 5 and 6. Neither notice was served upon the petitioner nor there is any order on record to proceed ex parte against the petitioner. 4. On 20.3.2010, the petitioner moved an application for furnishing a copy of the plaint so that he may file written statement and contest the Suit. The said application was rejected by the Court below holding therein that the tenancy was in the name of partnership-firm. Further, it has been said that defendant Nos. 1 and 2 (opposite parties 5 and 6) have filed written statement on behalf of all the defendants and deposited the rent under section 20 (4) of U. P. Act No. 13 of 1972 and this application has been moved to delay the disposal of Suit. Being aggrieved, the defendant No.2 filed a SCC Revision under section 25 of the Provincial Small Causes Courts Act, 1887 before the Revisional Court challenging the order dated 20.3.2010 passed by the Trial Court which was rejected on the ground that he has no independent right and further, Revision is not maintainable being an interlocutory order. 5. Admittedly, no notice of the Suit was served upon the petitioner-defendant No.3 and as such, he has been deprived from filing written statement and contesting the Suit. Therefore, the impugned orders are liable to be set aside. 6. Accordingly, the writ petition is allowed and the impugned orders dated 26.3.2010 and 20.3.2010, passed by the opposite party Nos. 1 and 2 respectively, are hereby quashed. The opposite parties 3 and 4 are directed to serve a copy of the plaint upon the petitioner, within three days from today, to which the defendant No. 3/petitioner will file written statement within 15 days thereafter. 1 and 2 respectively, are hereby quashed. The opposite parties 3 and 4 are directed to serve a copy of the plaint upon the petitioner, within three days from today, to which the defendant No. 3/petitioner will file written statement within 15 days thereafter. The Trial Court is directed to decide the Suit, in accordance with law, latest by 31.7.2010. It is made clear that the parties will not seek adjournment, on any ground whatsoever. Petition Allowed.