AKBARALI HUSENALI GULAMREZA Vs. HOTEL REZALIYA PRIVATE LIMITED

JUDGEMENT

(1.) THIS petition, filed under Article 227 of the Constitution of India, takes an exception to the order dated 15-12-1989 passed by the 5th Additional District Judge, Pune in Misc. Civil Appeal No. 121/1987, confirming the order dated 7-3-1987 passed by the 2nd Additional Small Causes Court, Pune, in Misc. Application No. 565/1983, whereby the application filed under Order 9, Rule 13 of Code of Civil Procedure, 1908 ("c. P. C. " for short), was dismissed. FACTS

(2.) THE facts giving rise to the present petition in nutshell are as under: the petitioner herein was a tenant in the suit premises owned by the respondent M/s. Hotel Rozulia Private Limited.

(3.) THE respondent in the capacity of landlord had filed Civil Suit No. 226/1978 against the petitioner for possession of the suit premises. One of the dates on which suit was fixed for hearing was 6-7-1983. The petitioner could not remain present on 6-7-1983. With the result, the Court trying the suit proceeded ex parte and decreed the suit vide its judgment and decree dated 6-7-1983.