SARWAN KUMAR Vs. SHYAM MANGLA

JUDGEMENT

(1.) THIS is a revision peti- tion arising out of an order of the Rent Controller, Palwal, declining to set aside his own order of ejectment passed ex-parte.

(2.) THE facts giving rise to this revision are that the ejectment of the petitioner was sought on the ground of non-payment of rent. The petition was preferred on October 3, 1985 and notice to the petitioner- tenant was issued for December 12, 1985, On December 12, 1985, summons were not received by the Court either served or unserved. Resultantly an explanation of Naib Nazir was sought after lunch and the explanation of civil Ahlmad was sought for December 19, 1985. On December 19, 1985 the Court ordered ex-parte proceedings against the petitioner-tenant.

(3.) THE petitioner preferred an application for setting aside the ex-parte order inter alia praying that the case was not called nor it was adjourned for awaiting the service of the respondent, rather the order passed on December 12, 1985 was as under : "present Sh. R. D. Mangla, Advocate for the petitioner. Respondent not (served) summoned. " "naib Nazar has submitted his report. In view of his explanation, explanation of Civil Ahlmad, Sh. Udham Singh be sought for 19-12-1985. " This averment of the petitioner-applicant was not denied by the respondent and it has been only stated in the reply that Para No. 2 of the application is a matter of record, but he had been duly served. No order of ex-parte proceedings was passed on December 12, 1985 nor the case was adjourned for December 19, 1985 for any proceedings. On my repeatedly asking from the counsel for the parties, no satisfactory answer has been given as to what for the case was adjourned to December 19, 1985. The petitioner specifically stated that he was never summoned for December 19, 1985 nor the case was fixed for any proceedings on December 19, 1985. This fact has not been refuted in the course of arguments before me, though the order proceeding ex parte against the petitioner was passed on December 19, 1985. The case was adjourned for recording the ex-parte evidence to January 16, 1986 which finally resulted in passing the order of ejectment on March 20, 1986.