VINOD CHAWLA Vs. SURINDER SINGH AND OTHERS

JUDGEMENT

(1.) C.M. No. 4461-CII of 2012 Application filed for exemption from filing certified copies of Annexures P-1 to P-6 is allowed, in view of averments made in the application, which are duly supported by an affidavit. C.R. No. 1089 of 2012

(2.) The present petition has been filed by the tenant, who is aggrieved against the order dated 05.09.2011 passed by the Rent Controller, Chandigarh wherein, his application for condonation of delay under Sec. 5 of the Limitation Act, 1963 in an application for leave to defend under Sec. 18-A has been dismissed.

(3.) The respondent-landlord filed a petition under Sec. 13-B of The East Punjab Urban Rent Restriction Act, 1949 (for short 'The Rent Act') dated 03.09.2010 Annexure P-2. In the said petition, the petitioner filed an application under Sec. 18-A of the Rent Act for grant of leave to contest the application dated 01.11.2010. The said application was to be filed within 15 days from the date of service which was effected on 10.09.2010, however, in the application for condonation of delay filed alongwith the Sec. 18-A application, it was averred that the knowledge of pendency of the petition came only on 30.10.2010 and, therefore, the report of process server pertaining to the service as per the summons effected on 10.09.2010, was not correct. Accordingly, it was prayed that the delay of 36 days for filing the leave to defend may be condoned.