The petitioner-original plaintiff has filed the present writ petition being aggrieved by the order dated 02.04.2013 passed by the first appellate Court allowing the appeal filed by the respondent nos. 1 and 2 and setting aside the judgment and decree passed in Regular Civil Suit No. 35 of 2005.

2. The facts in so far as the same are relevant are that, the petitioner is the owner of the suit premises which is occupied by the respondent nos. 1 and 2 as tenant paying monthly rent of Rs.3085/. The petitioner issued notice dated 02.12.2004 and terminated the tenancy of the respondents. Thereafter, suit for possession of the property in question came to be filed on 14.01.2005.

3. On being served with the suit summons the respondent nos. 1 and 2 appeared before the trial Court and sought time to file written statement. Time came to be granted vide orders passed below Ex. 11,12,13. However, the application seeking time to file written statement vide Ex. 14 came to be rejected on 07.07.2005 and the case was thereafter fixed for no written statement evidence. The petitioner thereafter filed his affidavit in lieu of evidence. Subsequently, he also filed certain documents on reco