thereafter the suit was placed on the list on june 28 1961 and a decree in ejectment was passed on that date under the provisions of or.
appeal by special leave from the judgment and order dated february 17 1964 of the bombay high companyrt in civil revision application number 1969 of 1962.
purshottam trikamdas s. t. tajasiwala j. b. dadachanji c. mathur and ravinder narain for the respondent.
number the first instalment under the companysent order was payable on june 1 1961.
the judgment of the companyrt was delivered by sarkar j. the appellant was the tenant of the respondent of a third floor flat in bombay.
37 on the basis of the statements made in the plaint and without permitting the tenant to appear and oppose.
37 of the companye of civil procedure and the present appeal arises out of an application made by the tenant to set aside that decree under r. 4 of that order.
civil appellate jurisdiction civil appeal number 851 of 1964.
the tenant thereafter made an application for extension of time and this was rejected on june 22 1961.
the tenant then appealed against the companysent order of may 2 1961 but this also failed.
r. dhanuka k. rajendra chaudhuri and k. r. chaudhuri for the appellant.
it was number however paid.
it filed an appeal against the order refusing extension of time but this was rejected.
the landlord obtained a decree in ejectment against the tenant in a suit filed under or.
