- (1.) HEARD Sri P. K. Misra holding brief of Sri H. S. Sahai, learned counsel for the petitioner and Sri Mohd. Abid Ali, learned counsel for the respondent No. 3. With the consent of both the parties this writ petition is being heard and finally decided today itself.
(2.) THIS writ petition is directed against the judgment and order dated 27-1-1998 passed by the Judge, Small Causes Court, sitapur in SCC Suit No. 4 of 1993 as also against the Revisional Order dated 22-8-1998 passed by the Special Additional district Judge, Sitapur in SCC Revision No. 7 of 1998.
(3.) ACCORDING to learned counsel for the petitioner the impugned orders are liable to be set aside for the reason that the Court could not proceed under Order VIII, Rule 10 cpc in the facts and circumstances and ought to have granted adjournment in view of the provisions of Order XVII, Rules 1 and 3 CPC to enable the petitioner to file his written statement. The submission is that the decree of eviction and arrears of rent is illegal and could not have been passed under the provisions of Order VIII, Rule 10 cpc. Since the plaintiff had not filed any evidence in proof of the averments made in the plaint.;