Gopal Krishan Vyas, J. - (1.) HEARD learned counsel for the parties. The instant writ petition has been filed by the petitioners under Art. 227 of the Constitution of India to quash the order dt. 08.04.2013 (Annex. 7) passed by the Appellate Rent Tribunal, Bikaner in appeal order No. 32/2012 whereby the appellate Tribunal affirmed the order dt. 27.03.2012 passed by learned Rent Tribunal, Bikaner in Civil Misc. Case No. 03/2012 by which the application filed by the petitioner under Order 9 Rule 13 read with Section 151 CPC and application filed under Sec. 5 of the Limitation Act was rejected by the Rent Tribunal, Bikaner.
(2.) AS per facts of the case, the respondent No. 1 preferred eviction application against the petitioners on various grounds including the ground of denial of title. The petitioners put an appearance through their counsel in the rent Tribunal, Bikaner and filed reply to the application for eviction in which refuted all the grounds taken in the application. The application under Sec. 9 of the Rajasthan Rent Control Act was filed by the respondents in the year 2005 in which after filing reply, the Rent Tribunal, Bikaner proceeded for trial. In the trial, the respondent applicant led his evidence, thereafter, the matter was posted for recording evidence in defence but no information was given by his counsel.
(3.) LEARNED counsel for the petitioners submits that all of sudden notice for execution was received by the petitioner in the month of October, 2011 then it has come to the knowledge of the petitioners that ex -parte judgment has been passed by Rent Tribunal against them due to non -appearance of their counsel in the Court.;