RAJINDER KUMAR Vs. JAI SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 13.1.1998. The necessary facts giving rise to this petition are : that Rajinder Kumar petitioner herein had filed a suit for ejectment and recovery of arrears of rent against Jai Singh Swami, respondent herein. Summons of the suit were issued and according to the petitioner, arrears of rent were not paid. Consequently, he filed an application under Order 15 Rule 5 of the Code of Civil Procedure for striking off the defence of the tenant. This application has been rejected by the impugned order.

(2.) In the suit, the petitioner claimed rent from March, 1997 till July, 1997 as the suit was filed on 1st July, 1997.

(3.) Notice of this petition was issued to the respondent in the ordinary manner as well as dasti. A copy of the notice produced before this Court shows that the respondent is trying to avoid service of the notice and consequently this was so recorded in the order dated 17th March, 1998 and in the interest of justice the matter was directed to be listed today for hearing.