- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) BRIEF facts of the case are that respondent filed original suit No. 53 of 1997 against the petitioner for ejectment from one shop in ground floor in premises of 104/159 Sisamau, Kanpur Nagar. The suit was decreed ex parte by order dated 24-12- 1997. When the petitioner came to know about the aforesaid order dated 24-12-1997 he moved a restoration application under Order IX, Rule 13 of the Code of Civil Procedure. It is stated that a compromise was entered into between the parties out side the Court wherein it was agreed that respondent would file the compromise in the Court but it was not filed.
(3.) THE trial Court vide order dated 21-9-2003 dismissed the aforesaid application under Order IX, Rule 13 C. P. C. without considering the merit of the application on the ground that there was no compliance of Section 17 (1) of the Act. Aggrieved by the aforesaid order dated 21-9-2003 of the trial Court, the petitioner preferred a revision before the Court of District Judge, Kanpur Nagar which was also dismissed vide order dated 1- 10-2003, hence this writ petition.;