AMAR SINGH Vs. JAINENDER GURUKUL

JUDGEMENT

(1.) CM No. 14553-54-CII of 2013 1. Applications are allowed subject to all just exceptions and the copies of zimni orders are taken on record.

(2.) In the grounds of revision, by referring to the zimni orders dated 11.08.2001 and 05.04.2002 of the Rent Controller, Panchkula, learned counsel for the petitioner has raised an argument that the Rent Controller had ordered effecting of service upon the petitioner by way of Munadi and affixation for 06.08.2002 without recording any reasons and without making any effort to serve the petitioner either through ordinary process or through dasti summons. According to learned counsel for the petitioner, the trial Court on the first date i.e. 11.08.2001 had directed service upon the petitioner on filing of the process fee and registered cover etc., but no summons were sent to him through registered post and on the very second date i.e. 05.04.2002 the petitioner was ordered to be served by way of Munadi observing that he was avoiding service of summons. A submission has been made on behalf of the petitioner that in the facts and circumstances of the case, the Rent Controller should not have ordered substituted service on the very next date without recording any finding to the effect that the petitioner could not be served by way of ordinary process, and in the absence of any such finding the impugned order is liable to be set aside.

(3.) Learned counsel for the petitioner has also relied upon a catena of judgments to contend that substituted service could be resorted to only as a last resort when the defendant could not be served by ordinary process.