LADU RAM Vs. GYATRI DEVI

JUDGEMENT

(1.) THIS is the revision under Section 115 C. P. C. filed by the defendant-petitioner Ladu Ram against the order dated 10. 1. 2003, whereby learned Additional District Judge No. 5, Jaipur City, Jaipur, affirmed the order dated 29. 4. 2000 by which Additional Civil Judge (West), Jaipur City, Jaipur, dismissed the application under Or. 9 Rule 13 C. P. C.

(2.) BRIEFLY narrated the facts are that the plaintiff Smt. Gyatri filed a suit for rent and eviction against the two defendants Mangal Singh and Ladu Ram - the present petitioner in November 1995 with the averments that one room in her house at Jaipur was let out to the defendant No. 1 Mangal Singh on monthly rent of Rs. 16/ -. The eviction was sought on the grounds of default in payment of rent, the tenant has built his own house and sub-let the room to his brother-the defendant No. 2 Ladu Ram and material alterations. Both the defendants appeared through their counsel on 16. 1. 1996. At their prayer the case was adjourned for filing the written statements. Thereafter none appeared for the defendants on 12. 7. 1996. The Trial Court proceeded exparte.

(3.) LEARNED Trial Court vide order dated 29. 4. 2000, dismissed both the applications under Section 5 of the limitation Act and under Or. 9 Rule 13 C. P. C.