SUNANDA SHARMA Vs. D P SOOD & ANR

JUDGEMENT

(1.) This petition is directed against the order dated 28.9.2016 passed by learned Appellate Authority in Rent Appeal No. 26-S/14 of 2016, whereby the order dated 13.6.2016 passed by learned Rent Controller, Shimla in an application under Order 9 Rule 7 read with Section 151 CPC filed by the petitioner herein (respondent No. 4 before learned Rent Controller) registered as CMA No. 125/6 of 2015 has been dismissed along with another application filed under Section 5 of the Limitation Act. The petitioner-respondent claims that she was never served with the notice issued for her service by way of publication for 3.8.2007. She was proceeded against exparte on 3.8.2007 in the rent petition. This order reads as follows:

(2.) She filed the application registered as CMA No. 125/6 of 2015 as aforesaid on 4.12015 with a prayer to set aside the exparte order on the grounds, inter alia, that she was never served by way of publication of notice in the News paper "Himachal Times" which according to her has no circulation in the area to which she belongs. Also that, the notice was not published for her service properly. The Process Server of Process Serving Agency, Dehra at Kangra had never visited her matrimonial house to serve her with the notice issued by ordinary mode.

(3.) The application filed by her was resisted and contested on behalf of the respondent, hereinafter referred to as the 'petitioner-landlord'. Her mother respondent No. 1 Kamlesh Lakhanpal (since dead) and brother respondent No. 2 Arvind Lakhanpal were duly served with notice issued in the rent petition, hence respondent No. 4 being their daughter/brother respectively can be reasonably believed to have the knowledge of the institution of the rent petition and also that she was duly served by way of publication. Since she failed to put in appearance, therefore, the application was sought to be dismissed by the petitioner-landlord.