DHARAMPAL Vs. MEENA SHARMA

JUDGEMENT

(1.) THE judgment impugned before this Court is dated 18.12.2009. THE eviction petition filed by the landlord had been decreed; the application seeking leave to defend which had been filed by the tenant on 18.03.2009 was declined to be taken on record as the Court was of the view that it was not filed within the stipulated period of 15 days of service which in this case the Court had noted to be as 08.10.2008. THE service of 08.10.2008 was admittedly a service by affixation.

(2.) THE contention of the petitioner in the trial Court was that the summons had not been duly served upon him and that is why the application seeking leave to defend could not be filed in time.

(3.) SECTION 25-B (2)(3)(4) of the DRCA are reproduced herein a under:-