- (1.) Case called out in the revised list. Though the names of S/Sri A.K. Singh, Arvind K. Shukla, Hariom Ojha, Keshav K. Srivastava and Shashi Nandan have been printed in the cause-list, none responds for the contesting Respondents.
(2.) Undisputed facts are that a Suit bearing No. 101 of 1966 under Section 229-B of The Uttar Pradesh Zamindari Abolition and Land Reforms Act was instituted by the opposite party No. 4 and the same was decreed by means of order dated 1.3.1967.
(3.) Learned Counsel for the Petitioner submits that the Petitioner Was in Government Service and was posted in Bihar and as such, he was not aware of the proceedings which were initiated and the said proceedings were concluded by means of fraud, insofar as no summons were served either on the Petitioner or his father. Therefore, when he' came to know the aforesaid decree, he preferred an application under Order 9, Rule 13 Code of Civil Procedure for setting aside the ex parte order duly supported by an application along with an application under Section 5 of Limitation Act that a Suit has been decreed, without effecting service and a fraud has been played upon the Court.;