R.P.SINGH, J. - (1.) THIS writ petition is directed against the order passed by the VIIth Additional District Judge, Kanpur Nagar, dated 8.9.1988, upholding the order passed by the Judge Small Causes Court decreeing the suit for ejectment and arrears of rent ex parte.
(2.) BRIEF facts of the case are that the respondent No. 3, who is the landlord of the disputed accommodation (premises No. 124/96, Govind Nagar, Kanpur) filed a suit for ejectment and arrears of rent on the ground that the petitioner was a tenant on a rent of Rs. 115 per month and having failed to pay the arrears of rent inspite of notice of demand, he was liable to ejectment. The petitioner filed his written statement but thereafter failed to put in appearance and the case was ordered to proceed ex parte. The plaintiff led the evidence in support of his case and on 3rd November, 1987 when the evidence had already been closed, the petitioner moved an application for setting aside the order ordering the case to proceed ex parte. The Judge Small Causes Court being not satisfied with the cause shown by the petitioner, held that the evidence had already been closed, even the hearing of the case was complete and only the judgment remained to be pronounced. The Judge Small Causes Court thereafter decided the case and pronounced the judgment on 4.11.1987 decreeing the suit ex parte. He, however, observed that it will be open to the petitioner to prove his bonafides by filing an application for setting aside the ex parte decree. Feeling aggrieved, the petitioner want up in revision before the VIIth Additional District Judge who dismissed the revision. The petitioner has now preferred this writ petition against the impugned orders. The learned counsel for the petitioner submitted that the petitioner having appeared before the Court on 3.11.1987, he should have been allowed to adduce evidence and contest the case. I see no merits in this submission of the learned Counsel for the petitioner. The Judge Small Causes Court had already earlier passed an order for proceeding the case ex parte. A perusal of the order passed by the Judge Small Causes Court also clearly shows that he had observed that it would be open to the petitioner to move an application for setting aside the ex parte decree and satisfy the Court regarding his bonafides. In this view of the matter it is still open to the petitioner to move an application for setting aside the ex parte decree and when such an application is filed, the Court will decide the case in accordance with law.
(3.) WITH these observations, the writ petition is disposed of.;