- (1.) This writ petition arises out of an order dated 22.05.2007 passed in Suit no. 157 of 2006 by the Civil Judge (J.D.), Koil. Aligarh whereby the exparte decree has been set aside on an application filed under Order IX Rule 13 CPC read with Section 151 CPC by a non party to the suit as also the revisional order which has in effect not interfered in the order of the Trial Court by holding that the revision is not maintainable under Section 115 CPC.
(2.) The petitioner filed a Suit no. 157 of 2006 before the Civil Judge (J.D.), Koil. Aligarh impleading as defendants the State of U.P. Through Collector, Aligarh and A.D.M. (City) (Ceiling), Aligarh for permanent prohibitory injunction to restrain them from claiming the property in suit as property of the State of U.P. or from dispossessing him. The plaint averments were that the property Khasra no. 513 area 13 Bigha 6 Biswa situate at Begpur Khanjaula near Dodhapur, Pargana and Tehsil Koil, District Aligarh was owned by one Smt. Meera Bashir and others. Of this 1 Bigha (pakka) with a house thereon was transferred to Musheer Ali Qureshi (president of Ashiyana Sahkari Avas Samiti Ltd.) and 12 Bigha 6 Biswa was transferred to Ashiyana Sahkari Avas Samiti Ltd. who came into possession alongwith its members. The cause of action for bringing the suit was when the officials of the A.D.M. City (Ceiling) started taking measurements and threatened to dispossess the plaintiff.
(3.) The State defendants put in appearance through counsel but later they stopped attending the proceedings hence an order dated 09.05.2007 was passed by the court to proceed exparte. The suit was then decreed exparte on 22.05.2007.;