NARANJAN DASS Vs. DES RAJ

JUDGEMENT

(1.) The appellant claims to be a tenant of the respondent who brought a suit for recovery of arrears of rent amounting to Rs. 680/-. Ex-parte proceedings were taken out against the appellant. He, however, appeared at a later stage and was allowed to participate in the case. He made no prayer for setting aside the ex parte proceedings. For this reason, the learned courts below did not allow him to lead evidence in rebuttal.

(2.) In this appeal, it has been contended by the learned counsel for the appellant that even if the appellant had not made a prayer for setting aside the ex-parte proceedings. He was entitled to lead evidence in rebuttal. To support of this contention, the learned counsel for the appellant has drawn my attention to Sangram Singh v. Election Tribunal, Kotah and another, 1955 AIR(SC) 425

(3.) The observations m ade in Sangram Singh's case . however, go against the appellant. In that case, it has been clearly laid down that if a party does not choose to get the ex-parte proceedings set aside, it lies within the discretion of the Court to allow it or not to allow it to produce evidence in the case. Even otherwise, so long as the order regarding ex-parte proceedings stayed, the appellant was not entitled to file a written statement The plea now set forth by him appears to be that he had paid a part of the arrears of rent. Unless and until such plea had been put forth in a written statement the appellate could not have been allowed to substantiate the same by leading evidence In these circumstances, it cannot be said that the learned trial Judge did not properly exercise his discretion in the matter. There is no force in this appeal which is hereby dismissed. Appeal dismissed.