B K BALI Vs. SANT LAL

JUDGEMENT

(1.) The short but important question which arises in this Civil Revision is with regard to the service of the summons under the Provisions of Section 25-B of the Delhi Rent Control Act.

(2.) The respondents (herein referred to as the landlords) filed an application under Section 14 for the eviction of the petitioner (hereinafter referred to as the tenant). This application was filed on 24th January, !979 under Section l4(l)(e) read with Section 25-B of the said Act.

(3.) On the application for ejectment having been filed the trial court directed the issue of summons by ordinary process as well as by registered post. It appears that a number of attempts were made but service could not be effected on the tenant. On an application being filed under Order 5 Rule 20, C. P. C. the trial court on 27th November, 1979 ordered that the stmmons be published in 'Janyug'. This publication was effected on 29th December, 1979. On the next date of hearing i.e. on 13th February, 1980 the tenant appeared in court. It was noted by the trial court in the order that the counsel for the tenant accepted service from today. A copy of the application under Section l4(l)(e) was given to the tenant's counsel on that day. The case was thereafter listed for 10th March, 1980 for further proceedings.