- (1.) Heard learned Counsel for the parties. This petition by the tenant is directed against concurrent orders dated 2.1.2003 and 16.10.2003 by which the Courts below have refused to recall an order to proceed ex parte against him.
(2.) The respondent landlord filed a Suit No. 3 of 1999 before the Judge Small Causes for arrears of rent and eviction of the petitioner tenant. Even though the case was pending for the last about three years no written statement was filed thus, it was fixed for hearing on 6.8.2002. On the said date the petitioner did not appear and therefore, an order was passed for ex parte hearing and 27.9.2002 was fixed. However, an application for recall of the said order was filed on 23.8.2002 claiming that the petitioner had fallen ill on 7.8.2002. After hearing the parties, the recall application was rejected on 2.1.2003 holding that no sufficient cause was shown and there was nothing on record to show that the petitioner was actually ill on 6.8.2002. He preferred a revision before the District Judge which has also been rejected vide order dated 16.10.2003.
(3.) Assuming that the reason given in the recall application was correct, it was for a date subsequent to the date fixed for hearing and therefore, both the Courts below cannot be faulted for their decision. Apart from the aforesaid, it is also evident that though more than 11 years have expired, there is nothing on record to show that the petitioner tenant made any effort to search for an alternative accommodation or that he has been paying rent regularly.;