NISHA Vs. SHAMSHULHAQ

JUDGEMENT

(1.) This Misc. Petition has been filed by the petitioner/defendant under Article 227 of the Constitution of India against the orders dated 7.5.2018 (Annexure P-6) and 22.6.2018 (Annexure P-9).

(2.) The respondent filed a suit for eviction based on various grounds mentioned in Section 12 of the M.P. Accommodation Control Act, 1961. The suit was dismissed by the judgment and decree dated 10.4.2015 (Annexure P1). The plaintiff feeling aggrieved with the said judgment and decree assailed it in an appeal, which was allowed by the judgment and decree dated 10.4.2017. The matter was remitted back on a limited point to the trial Court and the plaintiff was permitted to adduce additional evidence in respect of rent agreement 'Kiraya-nama'.

(3.) After remand, the plaintiff adduced evidence on 6.5.2017 and thereafter the matter was fixed for defendant's evidence. Since the counsel for the defendant remained absent on more than one occasion, the trial Court proceeded ex-parte on 11.7.2017 against the petitioner/defendant and thereafter passed the judgment and decree against the petitioner on 23.10.2017.