Soni, J.

1. This is a revision application under Rule 6 of the Delhi Rent Control, (Procedure) Rules, 1847 seeking to revise the order of the Senior Subordinate Judge posted in Delhi directing that the applicant be evicted from the premises.

2. The suit was originally brought by Mr. Bal Raj Arora landlord against the applicant who was his tenant alleging that he had not been paying his rent and that he Had been using the premises for purposes other than for which the premises had been let and also in contravention of the terms of the lease between the Government and the plaintiff. After the plaint had been admitted notice was issued to the defendant to appear and put in his defence. The first date of hearing was 4-9-1951. On that day the plaintiff appeared but the defendant was absent and ex parte proceedings were ordered and the case was adjourned, to the next day. Towards the close of the courts sitting on 4-9-1951 the defendant appeared and put in an application asking that the order regarding ex parte proceedings to be taken against him be set aside as he had been prevented by misrepresentation having been made to him by the plaintiff that he would withdraw the suit and