Harbans Lal, J.

1. This revision is directed against the order of the Rent Controller, Chandigarh, dated February 22, 1977, where by the application of the petitioner for setting aside the order regarding ex-parte proceedings dated August 28, 1976, was dismissed.

2. A petition under section 13 of the East Punjab Urban Rent Restriction Act, 1949 , (hereinafter called the Act), for eviction of the petitioner from a house was filed by the respondent before the Rent Controller.

The petitioner was served on July 24, 1976, for appearance on August 28, 1976. As he did not put in appearance, ex-parte proceedings were ordered against him and the case was adjourned to October 16, 1976, for ex-parte evidence of the respondent. On the said date, an application was made by the petitioner for setting aside the order dated August 28, 1976, for proceedings against him ex-parte on the ground that he had met with an accident on June 21, 1976, resulting in the fracture of this left leg. This was contested by the respondent and the following issue was framed :

3. Whether there are sufficient grounds for setting aside the ex-parte order ?

The Rent Controller concluded that the petitioner had no