Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 6694 of 2018 Petitioner :- Smt. Shakuntala Respondent :- Dhamandheer Gautam Counsel for Petitioner :- Rahul Kumar Tyagi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the impugned judgement and order dated 18.7.2018 passed by the Additional District Judge, Court No. 9, Meeurt in JSCC Revision No. 20 of 2016 and the judgement and order dated 28.3.2016 passed by the JSCC in Misc. Case No. 10 of 2009 (Shakuntala vs. Dhamandheer).
By the impugned order dated 28.3.2016, the application being paper no. 3- C filed by the petitioner under Order 9 Rule 13 CPC for recalling exparte judgement and decree dated 20.1.2009 was rejected on the ground that the provisions of Section 17 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as the 'Act') have not been complied with. Revision against the aforesaid judgement was also dismissed by the impugned judgement dated 18.7.2018 holding that there was no compliance of Section 17 of the Act.
Learned counsel for the petitioner has sought to argue the matter on merits that the petitioner is not tenant and the respondent is not landlord of the property in question and therefore, the exparte judgement and decree was obtained by playing fraud and there was no sufficient service of notice and publication was also not in newspaper, which is widely circulated.
I have considered the submissions and perused the record.
On perusal of the record, I find that admittedly there was no compliance of provisions of Section 17 of the Act and this finding is also not under challenge in the present petition. Even otherwise from perusal of the record it is very much clear that there was no compliance of the aforesaid Act.
In such view of the matter, I do not find any legal infirmity or jurisdictional error in the order impugned herein.
Present petition lacks merit and is accordingly dismissed. No order as to costs.
Order Date :- 11.9.2018 Abhishek