JUDGMENT The present revision petition is against the order dated 8.3.1991 passed by the Rent Controlling Authority, Sagar. The non-applicant had started ejectment proceedings against the applicant under section 23-A (a) of the M.P. Accommodation Control Act, 1961. The applicant had appeared in this' case and wanted to file his reply but the date 7.11.1990 on which the case was fixed, there were civil proceedings also pending against the applicant in respect of the same accommodation filed by the non-applicant. The applicant was, therefore, sitting in front of the said Court. Unfortunately, he could not hear the call of the case but when he reached the Court, he found "that the case had proceeded ex-parte against him shortly before he 'reached the Court. Immediately, he filed an application for setting aside the ex-parte judgment/order. The said application was taken on record by the Rent Controlling Authority, Sagar, for consideration and the case was fixed for 29.11.1990 which was then adjourned to 29.12.90, 18.1.91, 29.1.91 and 26.2.91 but on 8.3.91 without deciding the application Rent Controlling Authority, Sagar, held that since the non-applicant is a retired Government servant, he requires the suit premises and that the appellant should vacate the same. Aggrieved at this the present revision petition is filed. Learned counsel for the applicant submits that the Rent Controlling Authority ought to have fixed the case for evidence on the application of the applicant filed under Order 9, Rule 7 of the C.P.C. or should have decided the same. Instead or doing so right way the applicant has been directed to vacate the premises without due opportunity to him. Learned counsel for the non- applicant fairly concedes the illegality committed by the Rent Controlling Authority and submits that the case may be remanded to the Rent Controlling Authority, Sagar, to decide the case afresh with a direction to decide the same as early as possible. Learned counsel for the non- applicant fairly concedes the illegality committed by the Rent Controlling Authority and submits that the case may be remanded to the Rent Controlling Authority, Sagar, to decide the case afresh with a direction to decide the same as early as possible. while going through the impugned order I find that nothing has been mentioned about the application for setting aside the ex- parte order given by the applicant on the same date i.e. 7.11.90 though on that date such application was given by the applicant in the presence of the non-applicant, which was fixed for consider on 29.12.90 hut without considering the same as shown above, right way an order of ejectment is passed on /-1.3.91 directing the applicant to vacate the premises which is illegal on the face of it and, therefore, the order impugned dated 8.3.91 is set aside. The case is remanded to the Rent Controlling Authority, Sagar, to decide the case afresh expeditiously. The parties are directed to appear before the Rent Controlling Authority, Sagar, on 16.12.1992.