- (1.) Heard Mr. Mohd. Arif Khan, learned senior advocate assisted by learned Mohd. Adil Khan, learned Counsel for the Petitioner and Mr. Shivnath Tilheri, learned advocate as well as Mr. Jaspreet Singh, learned Counsel for the opposite party No. 2.
(2.) Through the instant writ petition, the Petitioner has challenged the order dated 8.1.2010, passed by opposite party No. 1, i.e. Additional District Judge, Court No. 8, Lucknow in Misc. Case No. 11C//2008, whereby he has allowed the application of opposite party No. 2 for restoration of Original Miscellaneous Case No. 100/2004 setting aside aside the order dated 13th October, 2006.
(3.) Mr. Mohd. Arif Khan, senior advocate submitted that opposite party No. 2 moved an application for restoration of the aforesaid miscellaneous case on the ground that he never received any notice/summons in regard to the said case. He got the knowledge about the order dated 13.10.2006 only in the last week of the month of April of 2008 when some villagers came to the opposite party No. 2 and told that the Petitioner is trying to dispossess the tenants of trust and to dispose of trust property by saying that his name has been mutated as per the order of District Judge, Lucknow, whereas there is a report of process-server, Mr. Dinesh Kumar that he received notice and made signature at another copy of notice in Hindi. The report indicates the receiving and signature of opposite party No. 2 in Hindi but deliberately, he made signature in English on affidavit filed in support of application for restoration. The learned Judge has not appreciated this fact and without considering the circumstances allowed the application for restoration of the case in the interest of justice by means of order dated 13th October, 2006, which is an ex parte order.;