RAJIV SHARMA, J. - (1.) HEARD Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohiuddin Khan, learned Counsel for the petitioners, Sri Rakesh Pandey, Counsel for the opposite party No.3 and Standing Counsel for the State.
(2.) BY means of instant writ petition, the petitioners have assailed the orders dated 16.12.2005 passed by the opposite party No.1-Additional District Judge, Court No.2, Lucknow, upholding the order dated 3.2.1997 (Annexure No.7) and the order dated 3.1.1994 passed by the opposite party No.2-IInd Additional Civil Judge, Lucknow. Brief facts, giving rise to the instant writ petition, are that opposite party No.-3-K.S. Rawat filed a suit for possession by demolition of the constructions, which was registered as Regular Suit No. 289 of 1986, against the petitioners and opposite parties Nos. 4 to 6, inter-alia stating therein that he had purchased the plot No. 241, measuring 0.03 biswas through a registered sale deed from one Smt. Punia and was enjoying possession but the petitioners had forcibly took the possession and raised boundary wall thereon. In the suit proceedings, notice was issued but as opposite party No.3 did not give correct address of the petitioners and as such, notice was not served upon the petitioners. Subsequently, service was effected on the petitioners through publication. Ultimately, the said suit was decreed ex parte on 23.3.1990.
(3.) ON coming to know about the ex-parte decree dated 23.3.1990, petitioners moved an application under Order IX Rule 13 of the Code of the Civil Procedure, which was registered as Misc. Case No. 14-C of 1990, for recalling the aforesaid order dated 23.3.1990. The Additional Civil Judge, Lucknow, on being satisfied with the cause shown in the recall application, vide order dated 5.11.1993, set-aside the ex-parte decree dated 23.3.1990 and restored the Regular Suit No. 289 of 1986 to its original number and directed the petitioners/defendants to file their written statement prior to 23.11.1993.;