TIRATH RAM Vs. SUBHASH CHANDER

JUDGEMENT

(1.) Tirath Ram has filed this petition against the order of the learned Rent Controller, Moga, dated 15th March, 1977, by which his application filed under Order 9 Rule 7 of the Code of Civil Procedure, for the setting aside of the ex-parte proceedings, was rejected.

(2.) Subhash Chander, respondent, filed an application under section 13 of the East Punjab Urban Rent it Restriction Act, 1949 (hereinafter referred to as the Act) against the petitioner, for his ejectment, on the ground of non-payment of rent. Notice of ejectment application was issued to the petitioner for 14th September, 1976, on which date ex-parte proceedings were taken against him and the case was adjourned to 11th November, 1976, for the recording of ex parte evidence. On 29th September, 1976, an application was made by the petitioner for the setting aside of the ex-parte proceedings. The learned Rent Controller framed the following issues :-

(3.) The first contention of Shri Puri, learned counsel for the petitioner, is that the summons in the instant case were not issued by registered acknowledgment due post, as required by sub-rule (2) of rule 1 of Oder 5 of the Civil Procedure Code. This contention of the learned counsel is liable to be rejected on the short ground that such a plea was neither put forward before the learned rent Controller nor was it taken in the application which was filed for the setting aside of the ex-parte proceedings.