R.L.ANAND, J. - (1.) SHRI Madan Lal has filed the present revision and it has been directed against the judgment dated 3.10.1980 passed by the Court of learned Rent Controller, Bhiwani, who dismissed the application of the petitioner under Order 9, Rule 13, Civil Procedure Code by holding that the order of ejectment passed by the learned Rent Controller on 14th March, 1978 has merged with the order of appellate authority passed on 14th February, 1979.
(2.) SOME facts can be noticed in the following manner : Smt. Sumitra Devi respondent filed an ejectment petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act) against Shri Madan Lal. The petitioner herein was proceeded ex parte and after recording the ex-parte proof, the learned Rent Controller vide order dated 14th March, 1978 passed the ejectment order directing the tenant to filed vacate the demised premises. Against this order, the tenant-petitioner filed at the first instance, an application under Order 9 Rule 13 C.P.C. before the Court of the Rent Controller. This application was filed by him on 15th June, 1978. He also filed a statutory appeal under Section 15 of the Act before the appellate authority on 22nd June, 1978. On 14th February, 1979 when the rent appeal came up for hearing before the appellate-authority, the petitioner made a statement to the following effect : "My application for setting aside ex parte proceedings is pending before the trial Court. I shall press that application there. I do not want to press this rent appeal which may be dismissed as withdrawn." On this statement of the petitioner, the learned appellate Authority, Bhiwani, passed the following order on 14.2.1979 : "As per statement made today by the learned counsel for the appellant, this appeal is dismissed as withdrawn."
(3.) THE proceedings before the Rent Controller in the application under Order 9 Rule 13 CPC proceeded and the Rent Controller framed the following issues for the disposal of the application under Order 9, Rule 13 CPC : 1. Whether there are sufficient and good grounds for setting aside the ex parte ejectment order dated 14.3.1978 ? OPA 2. Whether the application is within time ? OPA 3. Whether the application is not tenable and has already become infructuous as alleged in the reply ? OPR. 4. Relief. ;