- (1.) Heard Sri Rajendra Pratap Singh, for the petitioners. The writ petition has been filed for quashing the orders of Judge, Small Cause Court (respondent-2) dated 1.2.2013, rejecting the application (12-Ka) of the petitioners for substituting the heirs of Smt. Kaushilya (opposite party) in the application for setting aside ex parte decree and the application (67-C) for permitting to amend/add the heirs of Smt. Kaushilya in the aforesaid application and order of Additional District Judge dated 30.4.2014, dismissing the revision of the petitioners, filed from the aforesaid order.
(2.) Smt. Nanhka Devi widow of Daya Ram filed as suit (registered as SCC Suit No. 38 of 1983) for arrears of rent and ejectment of Ram Narain (now represented by the petitioners) from house No. 47/1, situated at Bharat Kund, Nandi Gram, pargana Haveli Awadh, district Faizabad on 27.8.1983. In the plaint, the plaintiff stated that she was landlord of the house in dispute and the defendant was a tenant on monthly rent of Rs. 30/. The defendant was not paying rent since 1.1.1978. The plaintiff, therefore, through notice dated 12.2.1983 terminated the tenancy of the defendant. In spite of notice being served, the defendant had neither paid the arrears of rent nor vacated the premises. In the meantime Smt. Nanhka died on 19.7.1984. Smt. Kaushilya moved an application for substituting herself as an heir of Smt. Nanhka on 24.9.1984, which was allowed by Trial Court, by order dated 22.1.1985. After service of notice, the defendant did not appear before the Court. Trial Court, therefore, by order dated 21.2.1986 proceeded ex parte against the defendant. The defendant then appeared before the Court and filed an application dated 25.7.1986 for recall of the order dated 21.2.1986. The defendant did not press his application dated 25.7.1986. Trial Court rejected the application and recorded ex parte evidence of plaintiff. In the meantime Smt. Kaushilya died on 6.1.1987 and her husband, sons and daughters were substituted as her heirs on 14.10.1987. Thereafter Trial Court decreed the suit by ex parte judgment dated 16.8.1988.
(3.) The defendant filed an application (registered as Misc. Case No. 52 of 1990) for setting aside ex parte decree on 5.4.1990. In this application Smt. Kaushilya alone was arrayed as opposite party. The defendant neither deposited decretal amount nor furnished security in this respect as required under Proviso to section 17(1) of Provincial Small Cause Courts Act, 1887. Misc. Case No. 52 of 1990 was dismissed in default on 23.4.1991. The defendant filed another application dated 26.4.1991 (registered as Misc. Case No. 63 of 1991) for recall of the order dated 23.4.1991, again arraying Smt. Kaushilya as the opposite party. The defendant moved an application dated 6.10.2001, for permitting him to furnish security of decretal amount, condoning delay. In this application, Smt. Kaushilya (deceased) was arrayed as the opposite party and her sons and daughters were arrayed as her heirs.;