- (1.) Heard Sri Mohit Kumar, for the petitioner and Sri M.K. Khan, for the respondents.
(2.) These petitions have been filed for setting aside the orders of Judge, Small Causes Court/ Civil Judge (S.D.) dated 11.11.2011, allowing the application of Syed Asgar Ali (now represented by respondents-1 to 10), setting exparte decree and restoring the suits to its original number and Additional District Judge dated 03.02.2016 dismissing the revisions of the petitioner against the aforesaid orders.
(3.) Syed Asgar Ali filed a suit (registered as Suit No. 137 of 1998) for declaration of his right and restraining the defendants from interfering in his possession over houses in dispute. Syed Afsar Ali (the petitioner) filed a suit (registered as Suit No. 141 of 1998) for partition of his 2/7 share in houses 812 and 813, situated at mohalla Malviya Nagar, Allahabad. Syed Afsar Ali filed another suit (registered as Suit No. 151 of 1998) for partition of his 2/7 share in houses 947/820, 948/821, 949/822, 950/823 and 951/824, situated at mohalla Bans Mandi, Allahabad. These suits were consolidated together by order dated 02.02.2001 and Suit No. 141 of 1998 was made leading case. 03.07.2002 was the date fixed for disposal of the applications 31-C and 32-C. Syed Asgar Ali did not appear on 03.07.2002, as such, the applications 31-C and 32-C were rejected, statement in chief of PW-1 was recorded as there was no one to cross examine as such evidence of the plaintiff was closed and the cases were proceeded ex-parte against Syed Asgar Ali and 12.07.2002 was fixed for ex-parte hearing. On 12.07.2002, the cases were adjourned for 24.07.2002, fixing date for further evidence of the plaintiff. On 24.07.2002, evidence was closed and 29.07.2002 was fixed for ex-parte arguments. On 29.07.2002, ex-parte arguments were heard and 03.08.2002 was fixed for judgment. Delivery of judgment was adjourned on several occasions. On 28.09.2002, the cases were transferred to Additional Judge, Small Causes Court and ex-parte judgment was pronounced on 19.12.2002. Suit No. 137 of 1998 was dismissed in default and other two suits were decreed.;