VIJAY KUMAR Vs. KRISHAN KUMAR

JUDGEMENT

(1.) In order to obtain the setting aside of an exparte decree dated 16.11.2004 of ejectment, the petitioner-tenant filed an application under Order 9 Rule 7 and 13, read with Section 151 of the Code of Civil Procedure.

(2.) The landlord-respondent had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as "the Act") to obtain ejectment of the petitioner/tenant from the tenanted premises on a plea of non-payment of rent. Further plea in the context was that monthly rent at the rate of Rs.100/- was payable, vide rent note dated 14.9.1988, and that the rent had been paid only upto the period 14.1.2001 and had not been paid thereafter.

(3.) Exparte proceedings were ordered against the petitioner- tenant on 15.4.2004 when none appeared on his behalf inspite of the effecting of Munadi. The plea raised by the petitioner-tenant was that the factum of impugned exparte order of ejectment came to his notice when he appeared in the course of execution proceedings on 3.6.2005. The execution proceedings were adjourned on that date to 24.8.2005 for filing of reply and objections. However, petitioner/tenant fell ill on the evening of 3.6.2005 and was hospitalsed at Taj Hospital and Research Centre, Kela Nagar, Aligarh for the period 5.6.2005 to 8.9.2005. Even after his discharge from the hospital, he remained confined to bed for a week or so. It was thereafter that he contacted his counsel and was informed that exparte order had been granted against him even in the execution proceedings. 3. In the application, the petitioner/tenant raised a plea that his absence from the ejectment proceedings on 5.4.2004 and the execution proceedings on 24.8.2005 was beyond his control inasmuch as he had fallen ill on the evening of 3.6.2005.