B.K.Rathi, J. - (1.) S.C.C. Suit No. 62 of 1994 for ejectmenl from the shop in dispute and recovery of arrears of rent was filed by respondent No. 3 against the petitioner. Notice was sent to the petitioner by registered post, which was served by refusal. The service was held to be sufficient and the suit was decreed ex parte on 17.8.1996 vide Annexure-2 to the petition.
(2.) The petitioner moved an application under Order IX. Rule 13, C.P.C., Annexure-3 to the petition, for setting aside ex parte decree. He alleged that no notice was ever tendered to him nor he refused to accept the same. He came to know regarding the decree when the notice regarding the execution of the decree was received. The compliance of Section 17 of Provincial Small Cause Courts was also made by him. The application was opposed.
(3.) The application for restoration was rejected by the Judge. Small Causes Court, Muzaffarnagar on 2.1.1998, Annexure-10 to the petition. Against that order, the petitioner preferred S.C.C. Revision No. 6 of 1998, which was also dismissed on 15.2.2001. Annexure-12 to the petition, by respondent No. 1.;