GORI SHANKAR SHARMA Vs. GIRRAJ PRASAD KHUTETA

JUDGEMENT

(1.) This petition is filed seeking quashing of order dtd. 22/10/2019 passed by the Rent Control Tribunal, Jaipur (for short 'Tribunal') dismissing the application under Order 9 Rule 13 read with Sec. 151 CPC.

(2.) The brief facts are that the respondent-landlord in the year 2015 filed a petition for eviction on the ground of bona fide necessity. Petitioner remained unrepresented and was proceeded ex-parte on 19/5/2018. In application dtd. 11/9/2018 for setting aside ex- parte proceedings, the petitioner again remained unrepresented on 13/11/2018 and 20/11/2018, the application was dismissed for non-prosecution on 29/11/2018. The eviction order was passed by the Tribunal on 29/1/2019. The petitioner filed an application for setting aside the ex-parte order, on dismissal of the application, the present petition is filed.

(3.) Learned Senior Counsel for the petitioner submits that the past conduct of the petitioner should not be made basis for dismissing the application under Order 9 Rule 13 CPC.