JUDGMENT - V.C. DAGA, J.:---This petition, filed under Article 227 of the Constitution of India, takes an exception to the order dated 15-12-1989 passed by the 5th Additional District Judge, Pune in Misc. Civil Appeal No. 121/1987, confirming the order dated 7-3-1987 passed by the 2nd Additional Small Causes Court, Pune, in Misc. Application No. 565/1983, whereby the application filed under Order 9, Rule 13 of Code of Civil Procedure, 1908 ("C.P.C." for short), was dismissed.

FACTS

2. The facts giving rise to the present petition in nutshell are as under:

The petitioner herein was a tenant in the suit premises owned by the respondent M/s. Hotel Rozulia Private Limited.

3. The respondent in the capacity of landlord had filed Civil Suit No. 226/1978 against the petitioner for possession of the suit premises. One of the dates on which suit was fixed for hearing was 6-7-1983. The petitioner could not remain present on 6-7-1983. With the result, the Court trying the suit proceeded ex parte and decreed the suit vide its judgment and decree dated 6-7-1983.

4. The petitioner thereafter filed application under Order 9, Rule 13 of the C.P.C. being Misc. Civil Application No. 565/1983 in the Smal

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