(1.) This revision petition is directed against the order of the Rent Controller, Ambala dated November 9, 1977, whereas the application for setting aside the ex-parte ejectment order dated September 1, 1977 rejected summarily.
(2.) The landlord-respondent filed an application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, for the ejectment of the tenants from the premises, in dispute. From the copy of the order of the Rent Controller dated November 1, 1977, it appears that the tenants were proceeded ex-parte because they had refused to accept the summons and as such, its service was effected on them by affixing a copy thereof on the shop. Having come to know about the passing of the ex-parte eviction order against them, they made the application for setting aside the same as well as for staying of the execution proceedings against them. The said application was dismissed summarily by the Rent Controller vide impugned order which reads :-
(3.) It could not be successfully argued that the manner, in which the application for setting aside the ex-parte ejectment order passed against the tenants was dismissed summarily by the Rent Controller was warranted by law. The Rent Controller should have issued notice to the landlord thereon and after framing the issues and allowing the parties to lead their evidence, should have decided it on merits.