S KUMAR Vs. BHAGWANT SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 9.11.1990 passed by Shri M.K.Gupta, Additional Rent Controller, Delhi vide which the application of the petitioner-tenant under Order 37 Rule 4 read with Section 151 of the Code of Civil Procedure, 1908 and Order 9 Rule 13 of the Code of Civil Procedure, 1908 has been dismissed.

(2.) The facts giving rise to this revision petition are that the respondent- landlord filed a petition for eviction against the petitioner-tenant on bonafide requirements under Section l(4)(e) read with Section 25 B of the Delhi Rent Control Act. Summons were alleged to have been duly served on the petitioner tenant and since the petitioner-tenant did not put in appearance within the stipulated time and no application for leave to defend was filed on behalf of the petitioner-tenant, the order of eviction was passed by the Additional Rent Controller.

(3.) The petitioner-tenant has filed the application under Order 37 Rule 4 read with Section 151 and under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside the decree passed against the petitioner-tenant and restoration of the suit to its original number mainly on the ground that summons were never served on the petitioner-tenant and since there was no valid service of summons, consequently the order of eviction passed against him cannot be legally sustained and, therefore, requires to be set aside and the petition restored to its original number for fresh trial in accordance with the law.