(1.) The present revision petition has been filed by Gurdas Singh directed against the order passed by the learned Rent Controller, Ludhiana, dated 29.10.1980 and of the learned Appellate Rent Controller had dismissed the application filed by the petitioner under Order 9 Rule 7 of the Code of Civil Procedure (for short "the Code") for setting aside the order proceeding ex parte against him: The appeal filed by the petitioner was dismissed by the learned Appellate Authority.
(2.) The relevant facts are that the petitioner is a tenant in the suit premises. Mohan Singh was the original owner-landlord. He is stated to have sold the property by a registered sale deed to respondent Chanan Singh and also authorised him to recover the arrears of rent from the tenant. On 8.4.1980, Chanan Singh filed ejectment application against the petitioner under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act"). Notice of the application was served on the petitioner and a copy of the petition is stated to have been delivered to the petitioner on 20.4.1980. 9.5.1980 was the first date of hearing. There was no appearance on behalf of the petitioner. The learned Rent Controller proceeded ex parte against the petitioner because the petitioner nor his counsel had put in appearance.
(3.) On 12.5.1980 an application under Order 9 Rule 7 of the Code for setting aside ex parte proceedings against the petitioner was filed. It was asserted that the petitioner could not appear on 9.5.1980 because he was advised rest by the doctor. The application was opposed.