SOHAN LAL Vs. PARKASH KAUR

JUDGEMENT

(1.) Present revision petition has been filed against the order dated 21st May, 2008, whereby application of the petitioner for setting aside ex-parte order of ejectment was dismissed.

(2.) TENANT was ordered to be evicted vide an ex parte order dated 6th November, 2001. An application was filed on 11th December, 2001. It was pleaded in the application that order dated 6th November, 2001 ought to be set aside, as no service of summons was effected upon the applicant. It was further averred that the rent case was filed on 18th January, 2001. Tenant was to be served through registered cover but no summons through registered cover were issued for 1st March, 2001. Again, date was fixed as 12th April, 2001 for the service of the tenant, on which date, it was ordered that correct addresses be furnished and the case was adjourned to 1st August, 2001 for service of the tenant.

(3.) RENT Controller had taken a view that in this case, application was filed after more than 30 days, which is a statutory period and therefore, on account of delay, order cannot be set aside. Rent Controller further held that tenant was watching the proceedings and had not joined the proceedings. This Court in Civil Revision No. 3531 of 2008, decided on 17th October, 2008 has held that in the Court of Rent Controller, provisions of Limitation Act are not applicable to the application for setting aside ex parte. It was held as under : "Counsel for the petitioner has stated that it has been held by this Court in "Inderjit Pal v. Shankar", 1985(1) RCR(Rent) 508., that provisions of the Limitation Act are not applicable to the application for setting aside ex- parte order. It was further held that no limitation has been prescribed by the Act for this purpose. Consequently, the finding that application for setting aside ex-parte order is barred by limitation, cannot be sustained. The view taken in Inderjit Pal's case (supra) has also been reiterated in "Brij Mohan Aggarwal v. Laxmi Narayan @ Lachhu", 2001(1) RCR(Rent) 128 and it was held as under :