SHISHIR KUMAR,J. - (1.) HEARD learned counsel for the petitioners.
(2.) THIS writ petition has been filed for quashing the order dated 7.7.2006 passed by the learned District Judge, Annexure No.12 and judgment and order dated 18.5.87, Annexure No.6, order dated 6.10.2005 passed by the Judge Small Cause Court, Kanpur, Annexure No.8 and order dated 25.7.09 passed by Judge Small Cause Court, Kanpur Nagar (Annexure No.14). There is a house No.123/496 ( new number) 123/89, Fazalganj, Kanpur Nagar. The father of petitioner No.2 was a tenant of two small rooms having paying rent of Rs.6/- per month. He died in 1983. A suit was filed by the respondent landlord that was decreed ex parte in the year 1987. The finding was recorded while passing the ex parte order that service was sufficient. The registered notice was refused and after due publication, no body appeared, therefore, the ex parte decree was passed. This decree was passed on 18.5.1987, filed as Annexure No.6 to the writ petition. No order for setting aside the ex parte order was passed. It was only after a period of 17 years, an application under Section 17 of the Judge Small Cause Court Act for setting aside the ex parte order was filed. Simultaneously, petitioners have also filed a revision, which was dismissed on 7.07.2006, filed as Annexure No.13 to the writ petition. The courts below after considering the application filed under Order 9 Rule 13 of C.P.C has recorded a finding that registered notice was refused and it was published in the newspaper but inspite of the publication, petitioners have not appeared and there is no compliance of Section 17 of Judge Small Causes Courts Act, which is a mandatory requirement. The application was rejected. A revision was filed, that has also been dismissed.
(3.) VARIOUS points have been raised and decisions have been cited by the learned counsel for the petitioners. He has placed reliance various judgments in AIR 1977 The learned counsel for the petitioners placed reliance Alld 151, Dullan Prasad vs. Smt. Rajeshwari Bibi, 1985 ALJ 838, Smt. Mohammadi and others vs. Smt. Abna Begum and others, AIR 1983 Alld 13, Kallu Mal vs. Ch. Bikramajit Singh and 1983 All. L.J. 737, Hukam Khan vs. Ist Additional District Judge, Nainital and others.;