- (1.) Suit No. 263 of 1970 was filed by the respondent No. 3 for ejectment of Jai Narain Trivedi respondent No. 4 of the writ petition, in the Court of the Munsif West Allahabad. The suit was filed against the respondent No. 4 on the ground that he was the tenant of the premises but as he had illegally sublet the same to P.N. Tewari they were liable to be evicted. The suit was decreed ex parte on 26.7.1972. P.N. Tewari filed an application for setting aside the ex parte decree on the ground that he had no knowledge or information of the suit and therefore, the ex parte decree was, able to be aside. It may be stated that the suit, after having been filed in court of the Munsift, was subsequently transferred to the court of the Judge, Small Causes, Allahabad, and the ex parte decree was granted by the Judge, Small Causes Court. The application for setting aside the ex parte decree was contested by the respondent No. 3. Finding that the grounds for setting aside the decree was insufficient and the petitioner had been personally served with the summons of the suit, the Judge Small Causes Court rejected the application by the order dated 7.2.1975. Aggrieved, the petitioner filed a revision under Section 25 of the Small Causes Court Act. The revision was also dismissed with the finding that the summons had been personally served on the petitioner.
(2.) We have perused the judgments of the courts below as well as the papers filed along with the writ petition. After perusal of these papers we are of the opinion that the finding given by the Judge Small Causes Court to the effect that the summons of the suit had been personally served on the petitioner, which was subsequently affirmed in revision by the learned District Judge, is one of fact. It is not possible to reverse that finding in this writ petition. Moreover, on merits as well, the finding appears to be correct.
(3.) In the result, the writ petition has no merits. It is, accordingly, dismissed. The interim order dated 28.1.1971 is discharged. No order as to costs.;