- (1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 17-12-1998 passed by Judge Small Causes Court- respondent No. 2 rejecting the ap plication filed by the petitioner and the order dated 2-2-1999 passed by Respon dent No. 1 dismissing the revision against the said order.
(2.) I have heard Sri H. N. Singh, learned Counsel for the petitioner and Sri Tarun Verma, learned Counsel for the contesting respondents, who has made a statement that he will not file counter-af fidavit and the matter may be heard and disposed of finally. The facts, in brief, are that plaintiff-respondents filed suit for recovery of ar rears of rent, ejectment and damages against the petitioner. The suit was decreed by respondent No. 2. The petitioner filed an application for restora tion to set aside the ex pane decree dated 5-5-1998 on the allegation that the Court had fixed 3jo-4-1998 but he did not appear on the said date. He filed a medical certifi cate. Respondent No. 2 rejected the ap plication taking in view that the petitioner is delaying the proceedings and the case was adjourned at several times. He did not specifically record any finding as to whether the petitioner was ill on the said date as alleged by him. The application was rejected on 17-12-1998. The petitioner preferred a revision against the said order and the same was rejected by the impugned order dated 2-2-1999. The Court recorded a finding that the petitioner was absent on the date of hearing. He had filed medical certificate. Respondent No. 2 has not recorded any specific finding on the ver sion of the petitioner that he was ill on the said date. In absence of any such finding, the Court was not justified in rejecting the application that the petitioner is delaying the hearing. In view of the above, the writ peti tion is allowed. The restoration applica tion is also allowed subject to the payment of Rs. 5,000 as cost within a period of three weeks from today. As the suit was filed in the year 1979, Respondent No. 2 shall decide the suit within a period of three months from the date of production of a certified copy of this order. Normally he shall not adjourn the case. Petition allowed. .;