- (1.)By means of the present revision, the revisionist is challenging the order dated 22.2.2011 passed by the Additional District Judge,Court No. 3, Shahjahanpur in Misc. Case No. 73 of 2010, rejecting the application filed under Order 9 Rule 13 of Code of Civil Procedure for setting aside the ex-parte judgment and decree dated 26.5.2010 in S.C.C. Case No. 1 of 2008, Hazi Jamilluddin Khan v. Rajesh Gupta.
(2.)The revisionist is a tenant in shop Nos. 1 and 2 situate in Block 'B' Milan Market Kachcha Katra, Shahjahanpur on a rent of Rs. 1,000/- per month. Hazi Jamilluddin Khan alongwith his brother Yaminuddin filed a suit being S.C.C. Suit No. 1 of 2008 before the Judge, Small Causes Court, Shahjahanpur against the revisionist for arrears of rent, damages and ejectment from the shops in question on the ground of default in payment of rent.
(3.)It appears that notice issued under Section 106 of the Transfer of Property Act has been held valid by the Court on 4.9.2008 on the ground that registered letter sent on the correct address is not being received by the addressee. According to the revisionist, notice has not been served upon him and he has not put his appearance in the proceeding. The Judge, Small Causes Court vide its order dated 7.1.2009 directed to proceed ex-parte against the Defendant fixing 6.2.2009 for ex parte hearing. It appears that Plaintiff No. 2 Yaminuddin died on 22.1.2008. The substitution application was allowed and heirs of Yaminuddin were substituted vide order dated 1.4.2009. Thereafter, the date of hearing has been adjourned on several occasions and ultimately an ex parte "decree was passed on 26.5.2010 against the revisionist.