Judgment

RAMASWAMY, J.-Special leave granted.

2. This appeal under Article 136 arises against the order dated September 16, 1988 of the High Court of Punjab and Haryana refusing to review the order dated August 11, 1988 made in Civil Revision No. 2439 of 1980 on its file. The facts leading to the decision are that the respondent Gobind Ram, the father of the respondents/landlord laid the Suit No. 118/77 (initially numbered as O.S. No. 276 of 1975) on the file of Senior Sub-Judge for ejectment and recovery of arrears of rent and damages for use and occupation of the shop in Gurgaon, let out to the appellant/tenant. The suit was originally laid in the Court of Sub-Judge, IIIrd Class, Gurgaon, which was transferred later to the Senior Sub-Judge, Gurgaon, which was decreed ex parte on October 20, 1977. The application under Order IX Rule 13 CPC to set aside the ex parte decree was dismissed on January 10, 1979 and was confirmed on appeal on August 17, 1979 and in revision by the High Court on October 15, 1979. When the landlord laid the execution application for ejectment the appellant objected under Section 47 of CPC contending that the decree of the civil court is a nullity as the pre