- (1.) Challenging the order dated 13th August, 1999 passed by the court below whereby the application under Order 9 Rule 13 C.P.C. has been dismissed, the present revision has been filed under Section 25 of the Small Causes Court Act.
(2.) SCC Suit No. 32 of 1992 was instituted against the present applicants on the allegations that they are the tenants of the property in dispute and are in arrears of rent for more than four months. Inspite of service of notice of de- mand, they have not paid the arrears of rent. Tenancy was terminated by serving statutory notice. The suit was instituted in the year 1992. The defendant did not appear and the suit proceeded ex parte. Subsequently, on an application filed by the applicants, the trial court by the order dated 14th October, 1993 recalled the order ordering that the proceeding may continue ex parte and fixed 15th November, 1993 for filing the written statement. On 15th November, 1993, the defendant-tenant did not file any written statement on the pretext that it was declared holiday which has not been found to be correct as the defendant-tenant has signed the order-sheet. Thereafter, on 16th November, 1993 the case was taken-up but no written statement was filed. It was adjourned to 4th January, 1994. On 4th January, 1994 the defendant tenant did not appear and ultimately, the suit was decreed ex parte. 3. An application to set aside the ex parte decree was filed on the allegations that due to ailment in the eyes of defendant- tenant, he was advised to take complete bed rest, he could not appear on 04.01.1993. The application was contested by the plaintiff-landlord by controverting the contents of the application under Order 9 Rule 13 of the C.P.C.. It was further stated that the tenant has not complied with the provisions of Section 17 of the Small Causes Court Act. The court below by the order under revision has dismissed the application filed under Order 9 Rule 13 C.P.C.
(3.) Heard the learned counsel for the parties and perused the record.;