HAZI SALEEM AHAMAD Vs. JAI PRAKASH GOEL

JUDGEMENT

(1.) S. U. Khan, J. Landlord/respondent has filed the release application against tenant/petitioner under Section 21 of U. P. Act, No. 13 of 1972 which has been registered as P. A. Case No. 4 of 2001 and is pending before Prescribed Authority/civil Judge-III (Sr. Div.), Muzaffar Nagar. In the said application on 9-5-2002 an order was passed that the case must proceed ex-parte as tenant/petitioner had not appeared on that day. Such an order was unwarranted as the said procedure is followed only in suits governed by C. P. C. In any case lateron tenant/petitioner filed an application for recall of the said order which has been rejected by impugned order dated 13-8-2003.

(2.) TENANT/petitioner has also filed an application praying for dismissal of the release application on the ground that no relationship of landlord/tenant exists. Even if it is assumed that the order dated 9-5-2002 directing the case to proceed ex-parte is rightly passed, still tenant/petitioner could not be prevented from participating in the proceedings from the stage when he appeared. The Court below rejected the application of tenant for recall of order dated 9-5-2002 on the ground of delay. In my opinion, rejection order is not tenable in law. If no such period is prescribed for such application then there can be no limitation for applying to get the said order set aside.