BANKE LAL Vs. AVTAR SINGH

JUDGEMENT

(1.) THIS revision petition has been addressed against an order dated 26.3.1999 passed by the Learned Civil Judge (JD) (West), Ajmer, whereby an order determining the provisional rent was passed. The plaintiff filed a suit for rent and ejectment on various grounds including legal default in the payment of rent. The contention was to the effect that the agreed rate of rent was Rs. 350/ - p.m. and no rent was paid after 31.8.1992. The defendant in his written statement came with a contention that the agreed monthly rent was Rs. 180/ - only.

(2.) ON 3.2.1999, the Court was to determine the provisional rent and the cousnel for the plaintiff was present. Till 12.45 P.M., learned Counsel for the defendant did not turn up and the Court passed the impugned order whereby provisional rent was determined at the rate of Rs. 350/ - P.M. Before the order could be completed, the learned Counsel for the defendant appeared and moved an application to the effect that he be heard before passing the order. This application was dismissed by the learned trial Court on 26.3.1999. Feeling aggrieved, this revision petition has been filed on behalf of the defendant. The learned Counsel for the respondent is present but has not argued the matter on the gorund that he has no instructions from his client.

(3.) THE learned Counsel for th petitioner has pressed into service the following case law: