CLR/59/2023
2023 Latest Caselaw 3243 UK

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                             CLR NO. 59 of 2023
                             Hon'ble Vivek Bharti Sharma, J.

Mr. Piyush Garg, counsel for the revisionists. Mr. Vikas Bahuguna, counsel for the respondents.

2. Counsel for the revisionists/tenants would submit that the respondent/landlord had instituted SCC Suit No. 13 of 2016 against the revisionist/tenant for non-payment of rent; that, the counsel for the revisionists/tenants moved an application before the court below that he wants to withdraw his vakalatnama as he is not able to bring justice to revisionists; that, thereafter the case proceeded ex-parte and order of eviction against the revisionists/tenants was passed; that, thereafter an application for setting aside the said ex- parte order has been moved by the revisionists/tenants, which was also dismissed by District Judge/Judge, S.C.C., Pauri Garhwal vide impugned order dated 24.03.2023. Hence, the present revision.

3. Counsel for the respondent/landlord would submit that the Judge, SCC, Pauri Garhwal had specifically made the findings in the impugned order dated 24.03.2022 that apart from the counsel who withdrew himself from the case of the revisionists/tenants there was the vakalanama of another counsel Mr. Kuldeep Jakhetiya also on record; that, non- appearance of an Advocate on behalf of the revisionists/tenants is not a valid ground for setting aside the impugned order.

He would further submit if this ground is accepted, every ex-parte judgment/order/decree could be set aside for non-appearance of counsel then no ex-parte judgment/order/decree can be passed and it will always prone to be set aside by moving the application under Order 9 Rule 13 C.P.C.

4. At this stage, counsel for the parties seek and is granted time to place law in support of their respective case.

5. Counsel for the parties are directed to exchange the list of case law with each other before three days of listing of the case and also furnish the copy to this Court.

6. Put up on 03.01.2024.

(Vivek Bharti Sharma, J.) 19.10.2023 Mamta