Honble SINGH, J.—This revision petition has been filed by the plaintiff against the order passed by the learned trial Court dated 17.5.2007 by which the learned trial Court has allowed the application filed by the defendant non-petitioner under Order 9 Rule 13 CPC.

2. The facts in brief are that the plaintiff petitioner filed a suit for eviction against the defendant tenant in the year 1993. The defendant was served. Written, statement was filed by the defendant issues were framed. After the plaintiffs evidence was closed the case was fixed for the defendants evidence. On the date when the case was fixed for the defendants evidence i.e. 6.11.2004 the defendant sought time to produce the evidence which was allowed on costs of Rs.200/- and the case was fixed for 2.12.2004. On 2.12.2004 the defendant was not present and again time was sought on behalf of the defendant and the case was adjourned despite the fact that the costs of Rs.200/- which have been imposed vide order dated 16.11.2004 had not been paid but on the request of the defendant the case was adjourned on 2.12.2004 to 17.1.2005 subject to payment of costs of Rs.200/-. The next date for fixed for the defendants evidence was

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