HARBANS SINGH Vs. AMRIK SINGH

JUDGEMENT

(1.) THIS revision petition is directed against order dated 3. 12. 1979 of Rent Controller, Sultanpur Lodhi, dismissing the application for setting aside the ex-parte order of eviction.

(2.) RESPONDENT filed an ejectment application against the petitioner on 10. 1. 1978. After scrutiny by the Reader, it was put up before the Rent Controller on 11. 1. 1978 and notice was ordered to be issued to the petitioner for 8. 2. 1978. On 8. 2. 1978, petitioner was ordered to be served through beat of drum and affixation for 2. 3. 1978. On 2. 3. 1978, after receipt of report of the process-server that petitioner has been served through proclamation and affixation, the petitioner was ordered to be proceeded against ex-parte. Rent Controller thereafter recorded ex-parte evidence and on the basis of said evidence, the petitioner was ordered to be ejected vide order date 31. 5. 1978. Petitioner's wife, namely, Smt. Kewal Kaur filed an application dated 1. 8. 1978 under Order 9 Rule 13, Code of Civil Procedure, on behalf of the petitioner for setting aside the ex-parte ejectment order passed against her husband. In the application, it was averred that the ex-parte order has been obtained against the petitioner after giving false address as the petitioner had been residing in Dubai. It was also averred that the petitioner was never served in the ejectment application, nor he ever refused to accept service of summons. On contest, the Rent Controller dismissed the application. The present revision petition has been filed against the order dismissing the said application.

(3.) APPLICATION being not perverse, the order is not to be interfered with in revisional jurisdiction.