RAMA DEVI Vs. IV ADDITIONAL DISTRICT JUDGE AGARA

JUDGEMENT

(1.) This is landlady's petition which is directed against an order dated 23-10-1978 passed by the learned III Additional District Judge, Agra dismissing an application filed by the Petitioner for setting aside an order passed by the said court disposing of the Petitioner's appeal under Section 22 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the absence of the Petitioner but on merits.

(2.) Briefly stated the facts relevant for disposing of this petition are these:

(3.) Learned Counsel for the Petitioner has contended that the learned District Judge has fallen into a manifest error of law in rejecting the Petitioner's application as not maintainable. Learned Counsel submitted that Clause (b) of Rule 22 of the Rules framed under the aforesaid Act contained a specific provision investing the court with the power to set aside an order passed ex-parte. Learned Counsel for the Respondent, on the other hand urged that the said rule could not no (sic) application, inasmuch as, the order could be deemed to be an ex parte order only if the Appellant was present and the Respondent was absent.