SURJAN SINGH Vs. ALI HUSAIN & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner/tenant has preferred this writ petition challenging impugned order dated 16.08.2010 passed by learned Rent Appellate Tribunal, Kota, dismissing the appeal of the petitioner against order dated 27.01.2010 passed by Rent Tribunal, Kota, whereby application filed by the petitioner under Order 9 Rule 13 C.P.C. alongwith an application under Section 5 of the Limitation Act for condonation of delay in filing the application for setting aside ex-parte decree was dismissed.

(3.) Submission of learned counsel for the petitioner is that the petitioner is an old aged person and was suffering from various diseases including Brain Haemorrhage and Diabities, therefore, there was sufficient cause for condonation of delay in filing the application and for setting aside the ex-parte Certificate, but Rent Tribunal, Kota as well as Rent Appellate Tribunal, Kota both committed illegality in dismissing the applications as well as appeal of the petitioner, therefore, both the impugned orders may be set aside.