JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Present petition has been preferred against order dated 19.11.2019 passed by learned Rent Controller, Shimla in Civil Miscellaneous Application No. 147-6 of 2019 in Rent Petition No. 74-2 of 2017, titled as Dr. Shashi Pal Sood Vs. M/s Som Nath Sawaran Lal and others, whereby application filed on behalf of petitioner under Order 9 Rule 7 read with Section 151 of the Code of Civil Procedure for setting aside ex parte order has been dismissed.

2. Petitioner herein is tenant and respondent is landlord and for convenience, hereinafter they shall be referred as such in this order.

3. Landlord has filed a petition on 4.3.2017 under Urban Rent Control Act for eviction of tenant. After service of tenant, reply was filed on 23.9.2017 and issues were framed on 14.12.2017, whereafter case was listed for 9.3.2018 for recording evidence of landlord. On that date, three witnesses, present in the Court, were examined on behalf of landlord and they were cross-examined on behalf of tenant by Mr.Ravi Tanta, Advocate, who appeared as vice Mr.Ajay Kochar, Advocate, engaged by tenant. Evidence on behalf of landlord was closed on that very date and case was listed for rec