1. - By this writ petition, a challenge has been made to the order dated 22.7.2010 on an application moved under Order 9, Rule 9 read with Section 151 of the Civil Procedure Code (for short 'CPC').

2. It is alleged that without service of notice, ex-parte proceedings have been initiated by the Rent Tribunal. The fact regarding ex-parte proceedings could be noticed in a quarrel between petitioner and her son, not having good relation and are living in separate portions. No reply to application was submitted by respondents herein. The only argument made therein was that no document has been placed to show that petitioner and her son are living separately. As per provisions of Order 5, Rule 15 of the CPC, notice on defendant's son is considered to be proper service. However, the court below thereupon allowed petitioner to participate in the further proceedings but her right to file reply and document was not allowed and at the same time, an erroneous condition was imposed for payment of due monthly to the extent of half. By way of interim order, a direction for payment of rent cannot be passed. On aforesaid ground, impugned order herein has been assailed.

3. Learned counsel for