SUSHIL KUMAR SAXENA Vs. ADDITIONAL DISTRICT JUDGE II, HARDOI AND OTHERS
LAWS(ALL)-2013-5-411
HIGH COURT OF ALLAHABAD
Decided on May 27,2013

Sushil Kumar Saxena Appellant
VERSUS
Additional District Judge Ii, Hardoi And Others Respondents

JUDGEMENT

Saeed-Uz-Zaman Siddiqi, J. - (1.) By means of this writ petition, the petitioner has prayed for quashing judgment and order dated 17.01.2011 passed by learned Additional District Judge-II, Hardoi in Rent Misc. Case No. 97 of 2010.
(2.) Brief facts of the case are that the petitioner was originally tenant of deceased Opposite party No. 2, who died during pendency of the writ petition and his six heirs have been impleaded as opposite party no. 2/1 to 2/6. The deceased landlord filed suit bearing SCC suit No. 50 of 1986 against the petitioner-tenant which was decreed vide judgment and order dated 11.10.2007. The petitioner filed SCC revision No. 7 of 2007 before the District Judge, Hardoi which was ex-parte dismissed vide judgment and decree dated 30.08.2010. The petitioner could not attend to the revisional Court which has occasioned in ex-parte judgment. The petitioner has always remained present before the revisional Court except two or three dates because of the acute illness of his mother and unfortunately, the Clerk of the counsel for the petitioner could not take down the proceedings due to rush of work. The petitioner filed an application for recall and setting aside ex-parte judgment and decree dated 30.08.2010 vide application dated 29.09.2010, which has been rejected by the learned Revisional Court. Hence, this petition has been filed.
(3.) I have heard learned counsel for the petitioner as well as learned counsel for opposite parties.;


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