V.K.Jhanji, J.

1. This is tenants revision directed against the order of the Rent Controller whereby application of the tenant (petitioner herein) for setting aside ex-parte eviction order dated 25.9.1990 has been dismissed.

2. Landlords (respondents herein) filed eviction application against the tenant and ex-parte eviction order was passed on 25.9.1990. Landlord in execution took possession of the premises on 21.12.1990. Tenant felt aggrieved of the ex-parte eviction order and thus, filed application under Order 9 rule 13, Code of Civil Procedure, for setting aside the ex-parte order. Similarly, tenant also filed an appeal before the appellate Authority against ex-parte order dated 25.9.1990. Appeal against order dated 25.9.1990 was dismissed on 10.5.1993. On dismissal of the appeal, Rent Controller vide order dated 14.9.1996, dismissed the application under Order 9 Rule 13, Code of Civil Procedure, on the ground that in view of Explanation added to Order 9 Rule 13 after decision of appeal, application under Order 9 Rule 13 is not competent. Against order dated 14.9.1996 passed by the Rent Controller, tenant filed appeal before the appellate Authority, but the appellate A