J.C.Gupta, J. - (1.) This is tenant's writ petition.
(2.) The dispute relates to Shop No. 10/2. Baldeo Road. Tundla, district Firozabad. The landlord-respondent No. 2 filed suit for rent and ejectment against the petitioner and the same was decreed ex parte after treating the service of summons by publication in newspaper as sufficient. The petitioner made an application before the trial court for setting aside the ex parte decree and in compliance of Section 17 of the Provincial Small Cause Courts Act (hereinafter referred to as the 'Act') deposited a sum of Rs. 3,150 as against the decretal amount of Rs. 1.250. The trial court allowed the petitioner's application and set aside the ex parte decree. After the contest made by the petitioner, the trial court by the Judgment dated 16.1.1993 dismissed the suit in respect of decree for eviction but decreed the same for recovery of rent. Aggrieved by the said Judgment, the landlord preferred revision under Section 25 of the Act. In the revision also, the petitioner was not served personally and the revisional court proceeded to hear and decide the revision ex parte on the basis of substituted service made by publication in the newspaper "Swaraj Times". By the order dated 25.8.1995, the revision was allowed and the landlord's suit has been decreed for eviction also. On coming to know of the said decision, the petitioner moved an application purporting to be under Order IX, Rule 13 read with Section 141 of the Civil Procedure Code and Article 123 of the Limitation Act for recalling the ex parte order dated 25.8.1995 passed by the revisional court. By the impugned order dated 13.2.1997, the revisional court has dismissed the petitioner's application.
(3.) Counter-affidavit and rejoinder-affidavit have been exchanged and the parties counsel have been heard.;