RAMESHWAR DASS Vs. RAM BAL

JUDGEMENT

(1.) This petition for revision is directed against the order of the Kent Controller refusing to set aside the ex parte order passed against the petitioner.

(2.) The respondent put in an application for eviction of the tenant, that is the petitioner, on the ground of non-payment of rent. The petitioner was served on December 11, 1969. The first date of hearing was January 11, 1970. The petitioner did not appear and on that date ex parte proceedings were taken against him. On January 5, 1910, the petitioner applied for setting aside of the ex-parte proceedings on the ground that he was suddenly taken ill at Mahendragarh on January 2, 1970 and therefore, could not attend the Court at Charkhi Dadri on January 3, 1970. He produced in evidence, two doctors who attended on him and the certificate Exhibit R/1. he Rent Controller did not doubt the testimony of these doctors or the genuineness of Exhibit R/1. but adopted a very curious reasoning.

(3.) The case is sent back to the Rent Controller who will nuw fix the first date of hearing. The parties are directed to appear before him on January 8, 1973. No order as to costs. Petition accepted.