SOHAN RAJ Vs. MEWARA CHATRIYA

JUDGEMENT

(1.) Heard learned counsels.

(2.) This appeal is directed against the ex-parte decree dated 5/3/2011 in a suit filed for determination of standard rent by the respondent landlord Shri Mewara Chatriya Samaj, Jodhpur, a registered society against the present appellant L.Rs of Sohanraj son of Meghraj.

(3.) Learned counsel for the appellant, Dr. Bhansali urged that uponremand order made by this Court on 7/12/2010 to determine the standard rent in accordance with the provisions of Old Act, namely; Rent Control Act, 1950 vide order dated 7/12/2010, fresh summons issued by the learned trial court were not properly served on the defendant tenant. He further submitted that review petition filed against the said order dated 7/12/2010 also came to be dismissed by this Court on 9/5/2011. Drawing the attention of the Court towards the order sheet entry dated 15/1/2011 in which next date was fixed by the learned trial court on 9/2/2011, learned counsel for the appellant submitted that his junior assisting counsel had appeared before the trial court, however, since no 'Vakalatnama' was filed on account of communication gap, the defendant tenant could not give proper instructions, therefore, no defence in the matter could be furnished before the learned trial court and the case was at the stage of cross examination of plaintiff's affidavit. He, therefore, prayed that ex-parte decree may be set aside and the defendant tenant may be given an opportunity to complete his evidence before the learned trial court. He also submitted that the plaintiff can be compensated by payment of reasonable cost, which will be paid by the defendant tenant.