BALA SUBRAMANIAN Vs. RSHAATH RISHA

JUDGEMENT

(1.) THE tenant is the petitioner. THE respondents filed R.C.O.P. No. 14 of 1993 to evict the petitioner herein. THE petitioner was set ex parte on 9.6.1993. He has filed an application I.A.No.49 of 1993 to set aside the order, setting him ex parte. While the said application was pending, an ex parte order of eviction was passed on 21.6. 1993. THE application I.A. No.49 of 1993 was dismissed on merits on 1.10.1993. THE petitioner has filed I.A.No.2 of 1994 to set aside the order passed in I.A. No.49 of 1993. THE Rent Controller as well as the Appellate Authority dismissed the application I.A.No.2 of 1994 on the ground that the same is not maintainable and the proper remedy for the petitioner is to file an appeal against the order of dismissal of I.A.No.49 of 1993. Now the revision has been filed against the order of the Appellate Authority in R.C.O.P. No.6 of 1994, confirming the order of the Rent Controller, dismissing the application I.A.No.2 of 1994.

(2.) THE learned counsel for the petitioner contended that when the application for setting aside the order of setting ex parte was pending, the Rent Controller ought not to have proceeded with the R.C.O.P. any further and the disposal of the R.C.O.P. ex parte is not correct. More over I.A.No.49 of 1993 had been dismissed on the technical ground that the petitioner did not mention anything about the date of the ex parte order in the petition and as such the application for setting aside the order in I.A.No.49 of 1993 is maintainable and the courts below sought to have entertained the same on merits.

(3.) WHEN the application I.A.No.49 of 1993 filed by the petitioner for setting aside the order, setting him ex parte, had been dismissed whether on merits or on technical grounds, the proper remedy is to file on appeal against the said order and there is no provision to entertain an application for setting aside the order. Hence bother the courts below have rightly dismissed the application I.A.No.2 of 1994 filed by the petitioner for setting aside the order of dismissal of I.A.No.49 of 1993.