Court No. - 9
Case :- WRIT - C No. - 29195 of 2019 Petitioner :- Lallan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Yashpal Yadav,Lalji Yadav Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list, none has appeared on behalf of the petitioner to press this writ petition which arises out of a suit under Section 144 of the Revenue Code seeking a declaration.
The suit was filed by the petitioner and was decreed ex parte on 02.01.2015.
An application under Order 9 Rule 13 CPC, for setting aside the ex parte decree, was filed by the respondent which application has been allowed, on 21.01.2019. The consequential revision of the petitioner has been dismissed. Hence this writ petition.
The Additional Commissioner (Judicial) in the impugned order dated 25.05.2019 has observed that the order allowing the application for setting aside the ex parte decree does not call for any interference as thereby the parties have given chance to have their say in matter. I do not find any illegality in the reasoning given by the revisional court while rejecting the revision, nor in the order whereby an application for setting aside ex parte decree has been allowed after condoning the delay in filing it.
For the same reason, I do not find any merit in the writ petition.
The writ petition is accordingly, dismissed.
Order Date :- 26.9.2019 Priyanka