Ajay Kumar Yog, J. - (1.) PRESENT petitioner (Dhan Bahadur) tenant has filed this petition praying a writ of certiorari to quash judgment and order dated 04th August, 1999 dismissing SCC Revision No. 54 of 1996 (Dhan Bahadur v. Narendra Rai Gupta) (Annexure -6 to the writ petition) under Section 25 Provincial Small Causes Court Act and order dated 12th December, 1996 (Annexure 5 to the writ petition) passed by Judge Small Causes Court, Dehradun in Miscellaneous Case No. 22 of 1993 (Dhan Bahadur v. Narendra Raj Gupta arising out of SCC Suit No. 25 of 1990) whereby objections filed by said tenant -petitioner under Section 47, Code of Civil Procedure have been rejected. I find no manifest error apparent on the face of record. Both the Courts below have taken into account various objections raised before them and thereafter came to the conclusion that objections against the judgment and order passed in SCC Suit No. 25 of 1990 were not maintainable in law. Objections of the petitioner have been rejected vide judgment and order dated 12th December, 1996. It is interesting to note that petitioner has indulged in unnecessary litigative exercise.
(2.) THE present petitioner Dhan Bahadur failed to appear before the Court of Judge Small Causes. Allowed an ex -parte judgment and decree dated 11th May, 1993 passed. SCC Revision No. 158 of 1993 was filed by him under Section 25, Provincial Small Causes Court Act along with an application under Section 5 Limitation Act (8/C -2). Objections (8/C -2) where filed by other side. Application (8/C -2) is rejected on merits vide judgment and order dated 31st October, 1995 holding that no ground for condonation was made out. SCC Revision No. 158 of 1993 was also dismissed as not being maintainable. Revisional Court had granted two months' time to present petitioner to vacate. Thereafter Civil Misc. Writ Petition No. 37303 of 1995 (Dhan Bahadur v. IInd Additional District Judge, Dehradun and others) was filed in this Court. Prayer in this petition reads: - - i. Issue a writ, order or direction in the nature of certiorari quashing the ex -parte judgment dated 11.5.1993 (Annexure -5) and decree 20.5.1993 (Annexure -6) passed by the Judge, Small Cause Courts/Civil Judge, Dehradun (Respondent No. 2) and order dated 31.10.1995 (Annexure 14) passed by IInd Additional District Judge, Dehradun (Respondent No. 1) in SCCR No. 1158 of 1993 (Dhan Bahadur v. Narendra Rai Nath); ii. issue any other suitable writ, order or direction in favour of the petitioner, which this Hon'ble Court may deem just and proper; and iii. allow the writ petition with costs to the petitioner.
(3.) THE said writ petition was dismissed by learned Single Judge of this Court vide judgment and order dated 20th December, 1995. The learned Single Judge while dismissing the writ petition on the request being made on behalf of the petitioner (Dhan Bahadur) granted three months' time to vacate.;