Arun Tandon, J. - (1.) Heard Sri Jai Karan Nath Mishra on behalf of the petitioner and Sri G.K. Singh, holding brief of Sri B.N. Singh on behalf of respondent No. 3.
(2.) Counsel for the respondent No. 3 states that he does not propose to file any counter affidavit and the writ petition be decided on the basis of the allegations made in the writ petition itself.
(3.) Bharat Sanchar Nigam Limited filed Original Suit No. 683 of 2003 for recovery of certain outstanding bills against the defendant namely Rajya Karmchari Sahkari Awas Samiti Limited, Moradabad. From the record it is established that summons in respect of the aforesaid suit proceedings were served upon the defendant on 11th December, 2003. The defendant, however, failed to file the written statement within the time specified and the case was directed to proceed ex parte against the defendant vide order dated 1.5.2004. The defendant filed an application for recall of the order dated 1.5.2004 and on other application dated 27.5.2004 for acceptance of the written statement on record. The application so filed have been rejected by the trial Court vide order dated 13th October, 2004. Feeling aggrieved by the aforesaid order, the defendant filed Civil Revision No. 202 of 2004 in the Court of District Judge, Moradabad. The learned District Judge, by means of the judgment and order dated 30th November, 2004, has rejected the revision so filed. Hence the present petition.;