A party must provide compelling reasons for non-appearance to set aside an ex parte decree; mere claims of physical infirmity without substantial evidence are insufficient.

ORDER

1. These writ petitions have been preferred claiming, in sum and substance, the following reliefs:

' i) by an appropriate writ, order or direction, the impugned order dated 05.02.2019 (Annexure-P/5) passed by the learned Rent Tribunal, Pali rejecting the application under Order 9 Rule 13 CPC and the impugned order dated 10.02.2021 (Annexure-P/7)passed by the learned Appellate Rent Tribunal, Pali dismissing the appeal may kindly be declared illegal and be quashed and set aside.

ii) by an appropriate writ, order or direction, the Application (Annexure-P/3) filed by the petitioner under Order 9 Rule 13 CPC read with Section 151 CPC may kindly be allowed and the ex-parte judgment and decree dated 07.09.2017 (Annexure-P/2) may kindly be set aside.

iii) by an appropriate writ, order or direction the case of the petitioner is writ large to remand back to the matter to the learned Rent Tribunal with the direction to decide afresh on merits in accordance with law after giving opportunity to the petitioner to led evidence and after considering the facts and material available on record."

2. Learned counsel for the petitioner-tenant submits that the respondent-landlord filed an application under Section 9 of the Rent Control Act, 2001 for eviction and physical possession of the premises in question.

3. Learned counsel for the petitioner further submits that learned Rent Tribunal, Pali has passed an order for initiating proceedings on 17.08.2017, and since despite service and without any reason, no one appeared on behalf of the petitioner-tenant, a final decree was passed ex parte by the learned Rent Tribunal on 07.09.2017.

4. Learned counsel for the petitioner also submits that thereafter, the petitioner filed an application under Order 9 Rule 13 read with Section 151 CPC against the aforementioned ex parte decree, but the said application was dismissed by the learned Rent Tribunal vide order 05.02.2019. Learned counsel further submits that the petitioner being aggrieved by the said order dated 05.02.2019 preferred an appeal bearing Appeal No.01/2019 before the learned Appellate Rent Tribunal, Pali, but the same was also dismissed vide order dated 10.02.2021.

5. Learned counsel for the petitioner has drawn the attention of this Court towards the sequence of events when the petitioner was suffering from physical infirmity, and thus, could not appear before the learned Rent Tribunal, despite service.

6. Learned counsel for the petitioner also tried to impress upon this Court that the aforementioned ex parte decree granted is unlawful, and thus, an opportunity of hearing ought to be given to the petitioner to address the issue.

7. Learned counsel for the respondent-landlord however, submits that even after passing of the ex parte decree dated 07.09.2017, the application under Order 9 Rule 13 read with Section 151 CPC preferred by the petitioner-tenant, has been dismissed by the learned court below vide order dated 05.02.2019, and thereafter the appeal preferred there against has also been dismissed on 10.02.2021, and thus, the consecutive orders of the learned courts below on merits, which dealt at length with the ex parte situation have been passed and any reversal of such orders at this stage shall be prejudicial to the respondent-landlord.

8. Heard learned counsel for the parties as well as perused the record of the case.

9. This Court, on overall consideration of the facts and circumstances of the case, had passed the following interim order on 02.03.2021:

"In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

Issue notice to the respondents. Issue notice of stay application also, returnable within a period of two weeks. Notices be given 'dasti' to counsel for the petitioner to effect service upon the respondents.

In the meanwhile, both the parties shall maintain status quo regarding the property in-question.

Counsel for the petitioner shall take instruction as to how long he shall take to vacate th