JAGDISH KUMAR Vs. RUPINDER KUMAR

JUDGEMENT

(1.) The brief facts necessary for the disposal of this revision petition are as under:

(2.) It is the further case of the petitioner-tenant that in the aforesaid eviction application, the petitioner was proceeded against ex parte and an ex parte judgment and decree of eviction dated 23.8.2004 was passed against him. The respondent filed execution application dated 25.11.2004. The petitioner on coming to know about the ex parte judgment and decree, moved an application for setting aside the same. The said application was allowed vide order dated 15.9.2006 on a concession made by the counsel for the respondent-landlord and the matter was adjourned to 11.10.2006. The aforesaid orders read as under:

(3.) According to the petitioner, 5.11.2006 being Sunday, the matter was taken up on 6.11.2006. On that date, none appeared on behalf of the petitioner-tenant and the trial Court recalled its order dated 15.9.2006 by passing the following order: