CR 138 of 2008. 4.8.2008 Present: Mr. Aman Sood, counsel for the petitioner. Mr. V.S.Chauhan, counsel for the respondents. Heard. The matter is required to be remanded to the learned appellate authority as I find from the grounds of appeal before me as reproduced in the judgment impugned itself that one of the grounds taken by the petitioner herein was that he was never represented by any counsel and that he was proceeded ex parte which order was not in consonance with law. The ground raised reads: “ …..That the learned Rent Controller below while passing the ex-parte orders dated 10.3.06, committed illegality in the matter as the appellant herein was not properly represented in the matter through his counsel, as the advocate who was representing the appellant, before the learned Rent Controller, in the matter was not the learned counsel on record of the case nor he was ever authorized by the appellant to represent him in the case and the appellant herein was not properly represented through a counsel, in the matter before the learned Rent Controller. The learned Rent Controller should have issued notice to the appellant in the -2- matter as the counsel who was representing the appellant had left the legal practice and since the appellant was not represented in the matter, the impugned orders are liable to be set aside. The learned Rent Controller failed to appreciate the fact and committing illegality by not scrutinizing the records of the case that the advocate who was representing appellant was not the authorized representative / counsel in the matter in so far as representation of the appellant in the matter was concerned.” The appellate Court judgment nowhere shows that this ground was abandoned or if it was not abandoned, the findings thereon. In these circumstances, this case is remanded to the Appellate Authority, Solan who shall decide the appeal on the questions as raised therein and more especially the fact as to whether in view of the ground raised the petitioner herein was rightly proceeded ex parte or not. The judgment and order of the learned appellate authority is quashed and set aside. Parties to appear before the Appellate Authority, Solan on 22.8.2008. Records be sent back immediately. August 4, 2008 (PC). (Dev Darshan Sud), J.