SUNITA RANI Vs. DAVINDER KUMAR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 23/7/2019 whereby the application filed by respondent No.1 herein under Order IX Rule 13 read with Sec. 151 CPC for setting aside the ex-parte eviction order dtd. 31/5/2012 has been allowed.

(2.) Learned counsel for the petitioner would contend that the respondent No.1 was duly served inasmuch as the service was affected through his mother. However, she refused to accept the summons and hence it would be deemed service inasmuch as respondent No.1 would be deemed to have knowledge of the case. Learned counsel for the petitioner further contends that the possession has already been taken by the landlord on 7/11/2014.

(3.) Per contra, learned counsel for the respondents has referred to Order V Rule 17 CPC to contend that in case the party on whom the service is sought to be made refuses to accept service, affixation of copy of a summons has to be made on the outer door or any conspicuous part of the house and in the present case there was no such report of the Bailiff.