JUDGMENT

Dr. Arijit Pasayat , J.—Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court dismissing the First Appeal No. 681/2003 and upholding the order passed by learned Additional District Judge in Suit No. 54 of 2001.

3. Detailed reference to the factual aspects would be unnecessary except noting the vital aspects.

4. Suit No.54/2001 was filed in the Court of District Judge, Delhi. The same was for possession, recovery of damages and mesne profit and rent @ Rs.70,664/- p.m. i.e. On 26.2.2002 the learned Additional District Judge framed issues and the case was adjourned to 13.5.2002 for the evidence of the plaintiff. On 13.5.2002 the Presiding Officer was on leave and the case was adjourned to 29.5.2002 for the plaintiff’s evidence. On 29.5.2002 none appeared for the defendant and the matter was adjourned to be taken up on 31.5.2002 for final arguments and the matter was directed to be placed for orders after lunch. Finally, the suit was decreed. The appeal filed by the defendants was dismissed.

5. Learned counsel for the appellants submitted that the course adopted by the trial Court has no sanctity in law. The matt