SALEEMUDDIN Vs. D.J. AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and perused the record. The respondent landlord filed Suit No. 50 of 1996 on the basis of default for eviction of the petitioner and for arrears of rent.

(2.) It appears that after entering appearance the petitioner tenant was granted time for filing written statement but no written statement was filed even after expiry of two years when an order was passed on 26.2.1998 for proceeding ex parte against the petitioner fixing 1.4.1998. On 1.4.1998 the petitioner appeared along with an application for recall of the order to proceed ex parte which was allowed and 28.4.1998 was fixed for hearing. On 28.4.1998 the petitioner again moved an application for adjournment which was rejected and 16.7.1998 was fixed for ex parte hearing. The ex parte hearing could not be concluded and again an application for recall of the said order was filed which was rejected vide order dated 18.12.1998 and 6.1.1999 was fixed for ex parte hearing. On 13.1.1999 the petitioner again made an application for recall of the order dated 18.12.1998 which was rejected vide order dated 8.2.1999. Against the said order he preferred a revision which was dismissed noticing all the facts vide order dated 19.3.1999.

(3.) While entertaining this writ petition a learned Single Judge of this Court passed the following order on 27.3.1999: