VINOD K.SHARMA, J. - (1.) THE petitioner by way of this revision petition has challenged the order passed by the learned Appellate Authority vide which an application moved by the petitioner under Order 9 Rule 13 of the Code of Civil Procedure (for short the Code) has been ordered to be dismissed.
(2.) THE respondent landlord filed a petition under section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the Act) for ejecting the petitioner from the space 6' x 10' on which the petitioner has installed a wooden Khoka situated on Mohalla Purani Sarai (Mahavir Marg), Narnaul. The said petition was allowed and the petitioner preferred an appeal against the order of eviction before the learned Appellate Authority.
(3.) ON 13.9.2000, the learned Appellate Authority was pleased to pass the following order : "Sh. V.K. Sanghi, Advocate for the appellant has pleaded no instruction and stated that his client has taken the brief from him to engage some other counsel. His statement to this effect has been recorded separately. The appellant is not present, nor anybody has put in appearance on his behalf. Case called several times since morning. It is already 12.10 P.M. This appeal is dismissed in default for want of prosecution. File be consigned to the records after due compliance. The records of the trial court be sent back." ;