Sanjay K. Agrawal, J.

1. The appellant/judgment debtor-defendant has preferred this appeal under Order 43, Rule 1, Clause (d) of the Code of Civil Procedure, questioning the legality, validity and correctness of the order dated 17-8-2006, passed by the 11th Additional District Judge (FTC), Durg in M.J.C. No. 5 of 2005, by which his application under Order 9, Rule 13 of the C.P.C. for setting aside of the ex parte judgment and decree dated 21-10-2002 in Civil Suit No. 25-A/2001, has been rejected. The necessary facts, required for adjudication of the instant appeal are as under:

2.1 The plaintiff/respondent (Mahesh Chandra Pal) filed a suit for eviction and arrears of rent on 17-8-2001 against the sole defendant (Moti Chand Jain). During the pendency of this appeal, Moti Chand Jain died and now Smt. Bhouri Bai Jain (Nahata) represents him.

2.2 The suit for eviction and arrears of rent was filed stating inter aha on the ground of 12(1)(a), 12(1)(e) and 12(1)(h) of the Chhattisgarh Accommodation Control Act, 1961, which was registered as Civil Suit No. 25-A/2001. The trial Court issued summons to the defendant on 24-8-2001 for his appearance before the Court on 2-11-2001. It is a