Ram Surat Ram (Maurya), J. - (1.) Heard Sri V.S. Kushwaha for the petitioner.
(2.) This petition has been filed for setting aside the order of Civil Judge, (Sr. Division) dated 22.1.2016 by which the application filed by defendant-2 under Order 9, Rule 7 CPC has been allowed and he has been given opportunity to file the written statement as well as contest the suit on the cost of Rs. 250/- and the order of Additional District Judge dated 1.4.2016 dismissing the revision of the petitioner filed against the aforesaid order.
(3.) Abdul Mazid, respondent-2 was defendant -2 in the suit i.e. Civil Suit No. 218 of 2003 (Mool Chand v. Pradeep Kumar) . In this suit on 18.1.2005 service upon defendants were deemed sufficient on the basis of publication and the court below fixed 31.10.2005 for filing of written statement. On 31.10.2005, 2.12.2005 was the date fixed for framing the issues. On 2.12.2005 issues were framed on the basis of written statement filed by defendant-1 and the suit was proceeded ex parte against defendant-2. The suit is still pending before the trial court.;