PURAN DUTT Vs. SALIL SETH AND ORS.

JUDGEMENT

(1.) This petition is instituted against the order dated 11.11.2013 rendered by the learned Rent Controller, Shimla in case No. 284-6 of 2012.

(2.) Key facts necessary for the adjudication of this petition are that respondents filed an eviction petition under section 14 of the H.P. Urban Rent Control Act against the petitioner. Rent Controller issued noticed on 6.6.2006 to the petitioner for 21.8.2006. On 21.8.2006, Process Server gave report dated 19.6.2006 stating therein that the premises were locked and the petitioner has retired and has started living in his village.

(3.) Petitioner filed an application under order 9 rule 13 read with section 151 of the Code of Civil Procedure for setting aside ex parte order dated 28.12.2006. The application was contested by the respondents. Rent Controller dismissed the application on 11.11.2013. The specific case put up by the petitioner before the Rent Controller was that he has received the notice of Execution Petition No.40/2012 and prior to this, he had no knowledge about the ex parte order dated 28.12.2006.