SANDEEP KAPOOR Vs. RAJIV KUMAR SHARMA AND OTHERS
LAWS(ALL)-2010-8-373
HIGH COURT OF ALLAHABAD
Decided on August 08,2010

SANDEEP KAPOOR Appellant
VERSUS
Rajiv Kumar Sharma and others Respondents

JUDGEMENT

RAKESH TIWARI, J. - (1.)HEARD Counsel for the parties and perused the record.
(2.)LANDLORD respondent filed SCC suit No. 2 of 2005 against the petitioner and other tenants for their eviction from the shop in dispute and arrears of rent. The Judge Small Causes Court, Budaun oh 2.9.2005 ordered the suit to proceed ex parte.
An application under Order IX, Rule 7, C.P.C. was moved by tenant defen­dant- Subhash Kapoor for recall of the or­der dated 2.9.2005 which was rejected by order dated 22.1.2008. Aggrieved by the order, tenant Subhash Kapoor filed a revi­sion which was also dismissed by the Revi-sional Court vide order dated 19.3.2008.

(3.)THE Judge Small Causes Court, Budaun decided SCC suit No. 2 of 2005 ex parte by order dated 3.4.2008. The peti­tioner and Subhash Kapoor filed an appli­cation under Order IX, Rule 13, C.P.C. for recalling aforesaid orders dated 3.4.2008 and 2.9.2005 which was rejected by the im­pugned order dated 10.5.2010. Revision filed by the petitioner against the order dated 10.5.2010, has also been dismissed by Additional District Judge, Budaun vide im­pugned order dated 21.10.2010.


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