CHHOTELAL GUPTA Vs. LAHORI PRASAD PASI

JUDGEMENT

(1.) - The present revision is filed under section 115 of the Code of Civil Procedure Code, 1908 [for brevity 'the Code'] challenging the legality and validity of the order dated 7-9-2018 passed by learned IX Additional District Judge, Jabalpur in M.C.A. No.33/2016 affirming the order 16-10-2015 passed by the learned VIII Civil Judge, Class-2, Jabalpur in M.J.C. No.46/2014. By the impugned orders the application filed under Section 5 of the Indian Limitation Act along with an application under Order 9, Rule 13 of the CPC for setting aside the ex parte decree, has been rejected and the aforesaid order has been affirmed in the appeal.

(2.) The factual expose adumbrated in a nutshell, is that the non-applicant/plaintiff filed a civil suit for eviction of the present applicant from the suit premises under Section 12(a)(c)(f) of the M.P. Accommodation Control Act, 1961 [hereinafter referred to as 'the Act'] on 12-9-2011. On receipt of the notice the applicant appeared before the Court and filed his written statement on 10-01- 2012. He was proceeded ex parte on 10-7-2012. The suit thereafter further proceeded, and on 28-9-2012 an ex parte judgment and decree against the applicant was passed for eviction and also for payment of arrears of rent at the rate of Rs. 2700/- per month. It is stated that counsel for the applicant informed him on 14-9-2014 and advised for filing an application for setting aside ex parte judgment and decree, dated 28-9-2012.

(3.) The application was filed along with an application for condonation of delay on 17-9-2014. It is stated that prior to 14-9- 2014 no intimation was given to him and the applicant was not aware of passing of the judgment and decree dated 20-9-2012. He was not having any knowledge of obtaining the certified copy of the judgment and decree by his duly engaged counsel. However, by order dated 16-10-2015 the trial Court dismissed the application for condonation of delay and consequently the application under Order 9, Rule 13 of the CPC was also dismissed.