GIAN SINGH Vs. RAJESH KUMAR

JUDGEMENT

(1.) This is tenant's revision petition challenging the impugned order dated 21.01.2011 of the Rent Controller and order dated 03.08.2011 of the Appellate Authority, Patiala whereby his application filed under Order 9, Rule 13 C.P.C for setting aside the exparte order of eviction dated 17.03.2006 passed against him, has been rejected.

(2.) In brief, the case of the petitioner is that respondent Rajesh Kumar filed an ejectment application against him, in which no service was effected upon him and he did not receive any summon from the Court. The Process Server had made a wrong report regarding the service of the petitioner in connivance with respondent-Rajesh Kumar He came to know about exparte judgment dated 17.03.2006. when bailiff came with warrants of possession for delivery of possession of demised premises to respondent-Rajesh Kumar on 10.07.2006. Hence, an application for setting aside the aforesaid exparte eviction order was filed.

(3.) The application was contested by the respondent-landlord on the ground that the petitioner was duly served and he has refused to accept the summons. The Court issued a proclamation against the petitioner which was also duly effected as per law by the process serving agency of the Court. Thus, the petitioner has sufficient knowledge of exparte proceedings against him and had not appeared deliberately despite knowledge. It was further stated in the written statement that an application was filed under Order 9, Rule 13 C.P.C beyond the limitation.