MITTAL METAL WORKS Vs. PROMILA RANI

JUDGEMENT

(1.) The tenant is the petitioner before this Court. He is aggrieved against the order dated October 7,1994 passed by the Rent Controller whereby an application filed by it for setting aside the exparte order dated December 17,1987 has been dismissed.

(2.) The facts which emerge from the record show that an ejectment petition had been filed by the landlady on September 19,1987. Notice of the aforesaid ejectment petitioner was issued to the tenant for October 20,1987. On the aforesaid date, the tenant was not served. The learned Rent Controller ordered the service of the tenant by way of Munadi. The case was adjourned to November 20,1987 for passing proper orders. However, on December 17,1987 the Rent Controller noticed that munadi had been effected upon the tenant and,therefore, treating the aforesaid service to be due service and noticing that tenant had failed to appear, the tenant was ordered to be proceeded exparte.

(3.) The tenant filed an application on January 19,1988 for setting aside the aforesaid exparte order dated December 17,1987. It may be noticed, at this stage, that till the date of filing of the application dated January 19,1988, no further proceedings had taken place before the Rent Controller and the case was yet at the initial stage. Still the learned Rent Controller vide the impugned order has dismissed the application filed by the tenant-petitioner and has refused to set aside the expate order dated December 17,1987 whereby the tenant was ordered to be proceeded against exparte.