IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1751 of 2009 Date of decision: 30.3.2009 Ajay Sangroha ......Petitioner Versus Sh.R.N. Kapoor and another ......Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG * * * Present: Mr. Ajay Sangroha, petitioner in person. * * * Rakesh Kumar Garg, J. The respondents filed a suit for ejectment and for recovery of arrears of rent against the petitioner from House No.387, Sector 4, Panchkula. The petitioner was served and he appeared before the trial Court through a lawyer. His defence was struck off for failure to file written statement. However, he was allowed to file his written statement by this Court by setting aside the order dated 19.7.2006 of the trial Court. As per the averments made in this revision petition, before the petitioner could file written statement in the suit, he was arrested in a criminal case and he remained in judicial custody. After coming out of the jail, he came to know that an ex parte judgment and decree dated 13.5.2008 has been passed against him. Thereafter, the petitioner filed an application under Order 9 rule 13 CPC for setting aside the ex parte judgment and decree dated 13.5.2008. Application filed by the petitioner was dismissed by the trial Court on 25.2.2009. His appeal against the aforesaid order was also dismissed by the Lower Appellate Court vide impugned order dated 24.3.2009. CR No.1751 of 2009 -2- The defendant has filed the present revision petition challenging the aforesaid orders dated 25.2.2009 and 24.3.2009 whereby his application under Order 9 rule 13 CPC has been dismissed. I have heard learned counsel for the petitioner. The petitioner who is appearing in person is admittedly in arrears of rent of about Rs.1,00,000/-. Still, he says that he is not ready to deposit the same and he will deposit only when the amount is determined against him. On this ground alone, this Court is not inclined to interfere in the impugned order. Dismissed. March 30, 2009 (RAKESH KUMAR GARG) ps JUDGE