JUDGMENT

Sethi, J.-Leave granted.

2. On his failure to appear in the Court either personally or through his Advocate, the suit for arrears of rent, ejectment an damages filed against the appellant was decreed ex-parte on 10-3-1983. The application for setting aside the ex-parte judgment and decree filed on 7-4-1983 in terms of Order 9 Rule 13 of the Code of Civil Procedure was dismissed by the Trial Judge on 14-5-1985. The revision petition No. 73 of 1985 filed by the appellant was dismissed by the High Court vide the order impugned on 23rd September, 1999 on the ground that the appellant had failed to establish any just or sufficient cause for his non appearance on the date fixed when the ex-parte proceedings were initiated against him.

3. We have heard the learned counsel for the parties and perused the papers.

4. The facts of the case are that respondant-landlord filed a suit for ejectment and recovery of the arrears of rent on 5-8-1981 alleging therein that as the tenanted premises was new construction, the same is not covered under U.P. Act No. 30 of 1972. The appellant-defendant-tenant was alleged to have failed to pay the rent since June, 1980 and he was in arrears amounting