RAM LAL Vs. BRIJBALA

JUDGEMENT

(1.) THIS petition has been filed by the tenant for setting aside the order dated 23rd February, 2005 by which the Prescribed Authority, in the proceeding under section 21 (1) (a) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'act') rejected the application filed by the tenant for setting aside the order directing the case to proceed ex-parte under Order VIII, Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'cpc') and for accepting the written statement.

(2.) THE records of the writ petition indicate that the landlord filed the application under section 21 (1) (a) of the Act for release of the shop on 24th july, 2002 which was registered as P. A. Case No. 732 of 2002. Notices were issued to the opposite parties fixing 9th September, 2002 for filing the objections. This case was subsequently adjourned to 17th October, 2002. On 17th October, 2002 the opposite parties appeared and sought time to file their objections. Time was granted up to 13th November, 2002. The matter proceeded and thereafter on 24th March, 2003 the Prescribed Authority granted time up to 8th May, 2003 to the opposite parties to file their objections. It was also observed that in case the objections were not filed, the case will proceed ex-parte. The objections were not filed by the opposite parties within the aforesaid stipulated time and ultimately the Prescribed Authority passed an order on 22nd October, 2003 that the case shall proceed ex-parte against the opposite parties since they had not filed their objections in spite of several opportunities having been granted to them.

(3.) THE opposite parties then filed an application on 24th November, 2003 for recalling the order dated 22nd October, 2003 and also sought two days time for filing their objections. The landlord filed objections to the said application. The Prescribed Authority rejected the said application filed by the opposite parties on 23rd February, 2005. It is this order that has been impugned in the present petition.