HARI SINGH Vs. SMT. LEELA WATI AND ANOTHER

JUDGEMENT

(1.) This revision petition has been filed by Hari Singh, tenant, against the order dated February 8, 1978, of the Appellate Authority Ludhiana.

(2.) Briefly the facts of the case are that an application for ejectment was filed by Smt. Leela Wati against the tenant. That application was allowed by the Rent Controller and order of ejectment was passed. The tenant went up in appeal before the Appellate Authority. The case was fixed for May 13, 1976. Neither the tenant nor his counsel was present when the case was called. Consequently it was dismissed. An application for restoration was filed on May 19, 1976. It was also dismissed on the ground that there were no sufficient reasons for restoration. The tenant has come up in revision against the order of Appellate Authority to this Court.

(3.) The only question that arises for determination is whether there are sufficient reasons for restoration of the appeal or not. The appeal was listed at No. 2 on the cause list on May 13, 1976. It was called at 10.30 A.M. by the Appellate Authority but neither the petitioner nor his counsel was present and the Court ordered that the appeal be called later on. It was called at 12.30 P.M. But neither the petitioner nor his counsel was present even at that time. The court again ordered that it may be called after lunch. The case was called at 2.30 P.M. but even then neither the petitioner nor his counsel was present. The appeal was, therefore, dismissed by him.