MOHD SHAFIQ Vs. BILQUIS BEGUM

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, at the request of learned counsel for the petitioner is treated as a petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') to challenge the orders of the Additional Rent Controller dated 05.2.2013 and 16.5.2013 decreeing the bonafide necessity eviction petition under Section 14(1)(e) of the Act on account of non-filing of the leave to defend application by the petitioner/tenant. Both the orders dated 05.2.2013 and 16.5.2013 are reproduced below:-

(2.) A reading of the aforesaid orders shows that though the application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (CPC) has been held to be not maintainable, however, that is not correct because when the issue is that a person is not served at all, then, the issue is not of a condonation of delay for filing of the leave to defend application but passing an eviction decree without service of the tenant, and in which circumstances Order 9 Rule 13 CPC will lie.

(3.) Accordingly, this petition is treated as a challenge to both the orders which have been reproduced above. The only issue in this case is whether the petitioner/tenant was or was not served in the eviction petition.