RAKESH TIWARI,J. - (1.) HEARD counsel for the parties and perused the record.
(2.) LANDLORD respondent filed SCC suit no. 2 of 2005 against the petitioner and other tenants for their eviction from the shop in dispute and arrears of rent. The Judge Small Causes Court, Budaun on 2.9.2005 ordered the suit to proceed ex parte. An application under Order 9 Rule7, C.P.C. was moved by tenant defendant- Subhash Kappor for recall of the order dated 2.9.2005 which was rejected by order dated 22.1.2008. Aggrieved by the order, tenant Subhash Kappor filed a revision which was also dismissed by the revisional court vide order dated 19.3.2008.
(3.) THE Judge Small Causes Court, Budaun decided SCC suit no. 2 of 2005 ex parte by order dated 3.4.2008. The petitioner and Subhash Kapoor filed an application under Order 9 Rule 13, C.P.C. for recalling aforesaid orders dated 3.4.2008 and 2.9.2005 which was rejected by the impugned order dated 10.5.2010. Revision filed by the petitioner against the order dated 10.5.2010, has also been dismissed by Additional District Judge, Budaun vide impugned order dated 21.10.2010.;