( 1 ) HEARD Sri Avinash swarup, learned counsel for the petitioner as well as Sri Rajesh Tandon appearing on behalf of the landlord-respondents. A. S. C. C. Suit No. 3 of 1998 was instituted against the present petitioner. The petitioner filed a written statement but subsequently on account of non-participation the suit was directed to be proceeded ex parte. The petitioner moved an application for setting aside the order to proceed ex parte but this application was rejected. It is in these circumstances that the petitioner has come before this court.

( 2 ) SRI Rajesh Tandon learned counsel for the respondent-landlord states that he shall have no objection if the petitioner is permitted to participate in the proceedings and is allowed to lead evidence provided a time frame is fixed by this court so that the suit which was filed in the year 1998 is decided with all expedition.

( 3 ) AFTER having heard the learned counsel for the parties, I feel that it would be proper in the interest of justice if the said suit is decided on merits after due contest.

( 4 ) THE writ petition is finally disposed of with the direction that the trial court shall decide S. C. C. suit No. 3