NASIB SINGH Vs. JAGDISH CHAND

JUDGEMENT

(1.) THIS is a petition against the order of the Rent Controller, Kharar, dated March 4, 1980 refusing to set aside ex parte ejectment order passed on September 21, 1978.

(2.) THE application for setting aside the ex parte order was filed on April 21, 1979. It was averred in the application that the exparte order had been secured fraudulently by giving a wrong address; that the Petitioner never refused to accept service and that he came to know of the said order only on April 15, 1979 when a process -server came to him to execute a warrant of delivery of possession. The application, was contested by the Respondent and the allegations made controverter. On the pleadings of the parties, the Rent Controller framed two issues regarding the limitation and the sufficiency of ground for setting aside the ex parte order. After recording evidence, the version of the Petitioner was disbelieved and his application dismissed.

(3.) TO put a safeguard against such connivance between the Plaintiff and the process -server, the Legislature has now made it incumbent under Order 5, Rule 19A, Code of Civil Procedure Code, to issue summons through registered post as well. This was not done in the present case. Both the modes prescribed were, therefore, not resorted to and on that score alone it can be said that the Petitioner was not duly served.