- (1.)Rule. Heard finally by consent of the learned counsel for the parties.
(2.)This writ petition takes exception to the order dated 21.12.2013 passed on the Revision Application filed under Section 34 of the Maharashtra Rent Control Act, 1999 dismissing said application and confirming the order passed by the Trial Court thereby refusing to condone the delay and consider the application for setting aside the ex parte decree on merits.
(3.)The respondent is the original plaintiff who had filed suit for eviction of the petitioner under the provisions of said Act. The Trial Court on 04.03.2011 decreed said suit. The present petitioners was proceeded ex parte in said suit. Hence, an application under the provisions of Order 9 Rule XIII of the Code of Civil Procedure came to be filed by vide M.J.C. No.62/2011. The same was accompanied by an application for condonation of delay. On 03.11.2011 the Trial Court rejected the application for condonation of delay on the ground that the provisions of Section 17 of the Provincial Small Cause Courts Act, 1887 (for short the Act of 1887) had not been complied with. The said order was not further assailed and instead a fresh application making similar prayers was filed vide M.J.C. No.97/2011. The Trial Court vide its order dated 28.08.2012 noted that the mandate of Section 17 of the Act, 1887 had not been complied and hence said application was dismissed as not being maintainable.