A.K. Shrivastava, J.

1. Feeling aggrieved by the order dated 8-9-2009 by which an application under Order XIII, Rule 3, Civil Procedure Code filed on behalf of defendant/petitioner has been rejected, the defendant has knocked the doors of this Court by preferring this petition under Article 227 of the Constitution of India.

2. Sans unnecessary detail, the facts lie in narrow compass, suffice it to say that a suit for declaration and injunction has been filed by plaintiff/respondent for eviction of the defendant/petitioner from the tenanted premises on the relationship of the landlord and tenant on the grounds envisaged under section 12(1) of the M. P. Accommodation Control Act, 1961. The defendant/petitioner by filing written statement refuted the plaint averments and prayed that the suit be dismissed. The learned trial Court framed necessary issues and the plaintiff/respondent after examining his witnesses, closed his evidence.

3. According to the averments made in the memorandum of writ petition, when the case was listed by learned trial Court for the evidence of defendant/petitioner, an application under Order XIII, Rule 3, Civil Procedure Code was submitted by him praying the