Devendra Kumar Upadhyaya, J. - (1.) Affidavit filed today be taken on record.
(2.) Heard learned counsel for the petitioner and learned counsel appearing for respondent nos.3 and 4.
(3.) A suit for recovery of possession and demolition was filed in the year 1979, which was registered as Regular Suit No.256/1979. After institution of the suit, it was transferred to the court of First Additional Munsif, Lucknow. The petitioner moved an application under Order 6 Rule V of the C.P.C. for furnishing him better particulars. The case was fixed for filing of written statement on 18.11.1980. However, particulars to the petitioner could be furnished only on 06.12.1980. The matter was thereafter listed on 11.02.19981, on which date, a general date in all the cases was fixed on account of strike call given by the ministerial staff of the court. The case thereafter was ordered to be proceeded ex parte on 10.03.1981. The suit was transferred on 02.05.1981 to the court of Vth Additional Munsif, Lucknow and it was decreed ex parte on 02.02.1982. An application was moved to set aside the ex parte decree dated 02.02.1982. On 26.05.1990 the application moved under Order 9 Rule XIII of the CPC was rejected on 19.05.1993 by the learned trial court. Against the order dated 19.05.1993, the petitioner-defendant filed an appeal, which too, was dismissed on 25.04.1995.;