N.K. Mody, J.

1. Being aggrieved by the order dated 25-6-2004 passed by VIII Civil Judge Class-I, Indore in MJC No. 23/2004 whereby the application filed by the respondent under Order 9, Rule 13, Civil Procedure Code for setting aside the ex parte decree dated 12-7-2002 passed in civil suit No. 23-A/96 was allowed, the present petition has been filed.

2. Short facts of the case are that the petitioner filed a suit for eviction under section 12 of the M. P. Accommodation Control Act against the respondent which was registered as civil suit No. 23-A/96 and it was decreed ex parte. After passing the ex parte decree, appellant moved an application under Order 9, Rule 13, Civil Procedure Code for setting aside the ex parte decree which was allowed by the order dated 26-2-2004. Learned counsel for appellant submits that the order is illegal and deserves to be set aside.

3. It is submitted that on the date of evidence i.e. 8-7-2002 when the case was fixed for recording of the evidence of the appellant who was plaintiff before the Court below, the counsel for the respondent was present and prayed for adjournment. When the adjournment was refused then the counsel disassociated with the ca