Tarun Chatterjee, J. - (1.) Leave granted.
(2.) This is an appeal arising out of a Judgment and order dated 30th of October, 2006 passed by the High Court of Delhi at New Delhi in CM. No. 65 of 2002, whereby the High Court had dismissed the petition filed by the landlord/appellant and upheld the order passed by the Additional Rent Controller, Delhi. The order of the Additional Rent Controller holding that he is conferred with power to set aside an ex-parte order for eviction in the exercise of its jurisdiction under Order 9 Rule 13 read with Order 37 Rule 4 and Section 151 of the Code of Civil Procedure (in short, "the Code") was thereby affirmed by the High Court in appeal.
(3.) The brief facts leading to the filing of this appeal may be stated as follows in a nutshell: The landlord/appellant filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short "the Rent Act") before the Rent Controller, Delhi for eviction of the Tenant/Respondent from No. 1-C/46, Ramesh Nagar, Namdhari Colony, New Delhi (in short "the tenanted premises"). After filing of the eviction proceeding, summons was issued in compliance with Section 25(3)(a) of the Rent Act to the tenant/respondent to appear before the Rent Controller on a specified date for the purpose of defending the eviction proceeding. The tenant/respondent filed an affidavit by way of an application praying for leave to defend the eviction proceeding after delay of 8 days from the date of service of notice upon him. By an order dated 28th of February, 2001, the Affidavit (the application for leave to defend) was rejected by the Additional Rent Controller as it was filed 8 days beyond the date mentioned in the summons. Since there was a delay of 8 days, Additional Rent Controller held that under the Rent Act, he was not conferred with any power to condone the delay in filing such affidavit. Since the prayer for leave to defend the proceeding was rejected as a follow up action, an eviction order was passed by the Additional Rent Controller, Delhi in favour of the landlord/appellant on 28th of February, 2001 in compliance with Sub-section (4) of Section 25B of the Rent Act. ;