ALOK SHARMA,J. - (1.) Under challenge is the order dated 21.07.2015 passed by the Appellate Rent Tribunal dismissing the petitioner-tenant (hereinafter 'the tenant') appeal against the order dated 02.05.2015 passed by the Rent Tribunal, Jaipur Metropolitan dismissing the tenant's application under Order 9, Rule 13 CPC for setting aside the ex-parte judgment dated 21.10.2008.
(2.) The respondent-landlord (hereinafter 'the landlord') filed an eviction petition on 13.09.2007 under Section 9 of the Rajasthan Rent Control Act, 2001 on the ground of bona fide and reasonable necessity. The tenant was served notice of the eviction petition. On 05.03.2008, his counsel one Mohan Choudhary filed his Vakalatnama and sought time to file reply without any objection as to the non receipt of the eviction petition and documents in support. On the matter coming up after one month, on 05.04.2008, before the Rent Tribunal, the counsel for the tenant oddly sought and was supplied copies of the eviction petition and the supporting document/s. Time to file reply was again sought and granted. On 19.05.2008 counsel for the tenant once again sought time to file reply. It was granted and the date fixed for 28.05.2008. None appeared for the tenant before the Rent Tribunal on 28.05.2008. Consequently ex-parte proceedings were drawn against the tenant. Evidence of the landlord was thereafter recorded date and the matter finally heard. Ex-parte judgment dated 21.10.2008 followed whereby the Tribunal issued a certificate of possession of the tenanted premises in favour of the landlord and an order of the eviction against the tenant.
(3.) On 29.08.2009, after about 10 months following the judgment dated 21.10.2008 the tenant filed an application under Order 9, Rule 13 CPC along with an application for condonation of delay under Section 5 of the Limitation Act, 1963. The Rent Tribunal on consideration of the matter found that the there was no ground to condone the delay of over eight months in filing the application under Order 9, Rule 13 CPC. The application for condonation of delay was dismissed. So was the application under Order 9, Rule 13 CPC. The Appellate Rent Tribunal then concurred with the Rent Tribunal dismissing the application under Order 9, Rule 13 CPC and dismissed the tenant's appeal vide order dated 21.07.2015. Hence this petition.;