LALU SHAH Vs. CHAND RANI

JUDGEMENT

(1.) The respondents have been served, but are not represented. In any case, in view of the orders which I propose to pass hereinafter, their presence is not very necessary.

(2.) The sole contention of the learned counsel for the petitioner in-this behalf is that before rejecting his application for setting aside ex parte order, the trial Court never framed any issue, nor did it afford any opportunity to the parties to lead evidence on the point as to whether there was sufficient cause for his non-appearance. The impugned order also does not show as to whether any such opportunity was given or not. Consequently, accepting the objection of the learned counsel, I set aside the order of the Rent Controller dated August 23, 1978, and that of the Appellate Authority dated September 21, 1979. The case is remanded to the Rent Controller dispose of the application for setting aside ex parte proceedings, afresh after giving opportunity to the parties to lead evidence in this matter. Revision allowed.