LAWS(P&H)-2013-8-334

LEKH RAJ Vs. SUDHA RANI

Decided On August 26, 2013
LEKH RAJ Appellant
V/S
SUDHA RANI Respondents

JUDGEMENT

(1.) CHALLENGE in the present petition is to the order dated 18.5.2013, passed by the Rent Controller, whereby defence of the petitioner was struck off on account of non -filing of reply despite grant of numerous opportunities. In the eviction petition filed by the respondent -landlady, service of the petitioner was effected and he had put in appearance on 1.3.2013. Thereafter despite grant of four opportunities, including one last opportunity, reply was not filed, as a result of which vide impugned order, defence of the petitioner was struck off.

(2.) LEARNED counsel for the petitioner submitted that reply to the eviction petition could not be filed in time as neither the petitioner nor his counsel was aware of the order passed by the court below on 25.4.2013, whereby last opportunity was granted. In fact, even the order passed on 18.5.2013 came to the notice of the petitioner only on 6.7.2013, when he sought to file reply. The error was not intentional. The case has not yet proceeded further. The petitioner be granted one opportunity to file reply, may be subject to payment of some cost.