SMT. UNNATI ALIAS ARCHANA BHAVE Vs. BHAGCHANDRA JAIN

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by the plaintiff/landlord being aggrieved by the order dt.10.10.2013 passed in MJC No. 25A/2013 by the court of III Civil Judge Class 2 Gwalior dismissing an application filed by the plaintiff under Section 13 (6) of the M.P.Accommodation Control Act, 1961 (hereinafter shall be referred to as the Act of 1961, refusing to strike out the defence of the respondent/defendant and refusing to pass any order for depositing of arrears of rent.

(2.) It is the case of the petitioner that the petitioner had filed a suit for eviction and recovery of arrears of rent, which was registered as Civil Suit No. 148A/2012. Defendnat had not appeared in the said suit and as a result ex parte judgment and decree was passed on 31.8.2012.

(3.) It is an admitted position that on 6.1.2013 decree holder/petitioner had obtained possession of the suit property and thereafter an application under Order 9 Rule 13 of CPC was filed by the defendant/tenant for setting aside the ex parte judgment dt.31.8.2012. This application was filed on 02.05.2013.