MURLI DHAR GUPTA Vs. PRESCRIBED AUTHORITY

LAWS(ALL)-1995-7-165

HIGH COURT OF ALLAHABAD

Decided on July 06,1995

Murli Dhar Gupta Appellant

VERSUS

PRESCRIBED AUTHORITY Respondents

JUDGEMENT

O.P. Jain, J. - (1.) HEARD learned counsel for the petitioner. An, ex -parte order was passed against the tenant on 13th January, 1995 and the case was decided ex -parte on 17th January, 1995. An application under Rule 22 Sub -clause B was filed for setting aside the ex -parte order and judgment on the ground that the tenant was ill on 13th January, 1995 and that his counsel had forgotten to enter the date in the Diary of 1995. The court below has not believed this reason and has rejected the application. There is no illegality or lack of jurisdiction in the order and therefore no interference in writ jurisdiction is called for. It is always open to the tenant to argue on merit in the appellate court. The Writ Petition is Dismissed Summarily.;

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