ABDUL RASHEED PADDAR Vs. PRAMOD SOOD

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 3.8.2015 passed by the learned Civil Judge (Junior Division), Court No. 3, Shimla whereby it refused to set -aside the ex parte order against the petitioner.

(2.) The respondent herein filed eviction petition before the learned Rent Controller on various grounds. On 2.7.2011, notice of this petition was ordered to be issued for the service of the petitioner who was duly served for the next date fixed on 27.8.2011. But, since the report of service was in Urdu, therefore, the Court ordered the case to be listed on 7.9.2011 and directed the respondent to produce some interpreter knowing Urdu language, so that the report on the summons could be understood. On 7.9.2011, the statement of one Sh. R.N. Karol was recorded, who stated that he was conversant with the Urdu language and the report on the summons revealed that the summons had been duly acknowledged by the respondent/petitioner herein and, therefore, he was proceeded ex parte and case was ordered to be listed for ex -parte evidence on 3.11.2011. However, on 3.11.2011, the petitioner moved an application for setting aside the ex -parte order and permission to join the proceedings as also to file reply to the eviction petition. This application was contested by the respondent and the Rent Controller on 21.6.2012 proceeded to frame the following issues:

(3.) Whether the application is malafide, as alleged? OPD