R.H. Zaidi, J.

(1) Heard learned Counsel for the parties and also perused the record.

(2) The present petition arises out of a suit for ejectment and recovery of rent filed by the petitioner and is directed against the judgments and orders passed by the Court below dated 3.11.1999 and 2.11.1993.

It appears that on 10.4.1992 the petitioner filed a suit for ejectment and recovery of arrears of rent, which was registered as S.C.C. Suit No. 78 of 1992, against the contesting respondent No. 2. The said suit was filed on the ground of default in payment of arrears of rent. Notices summonses were issued by the trial Court to the contesting respondent. He put in appearance but did not file writ ten statement in spite of the opportunity granted by the trial Court. The trial Court, therefore, directed the suit to proceed ex parte and ultimately the suit was decreed ex pane by judgment and decree dated 2.11.1993. Challenging the validity of the said judgment and decree, the contesting respondent filed an application under Order IX, Rule 13 of the Code of Civil Procedure, on 30.11.1993. The said application was also dismissed for default on 5.1.1994. Thereafter, another application wa