B.N.SAPRU, J. - (1.) THIS writ petition has been filed by Ravindra Kumar Chopra, who is a tenant of the building.
(2.) THE landlord filed a suit for eviction of the tenant on the ground that the tenant was in arrears of rent and despite being served with a notice of demand has not paid the same. The plaint was filed on 27.1.1978 and on that date the Court directed summons to issue for 16.3.1978. On 16.3.1878 it was found that the service of the summons was insufficient and fresh summons was ordered to be issued for 11.5.1978 by both processes. On 22.3.1978 the office reported that the steps have been taken and summons were issued for the dates fixed, i.e. 11.5.1978. From the record it appears that summons sent through the process server was served on the brother of the petitioner namely Vinod, along with a copy of the plaint. Summons by registered post were received by the petitioner.
(3.) ON 11.5.1978 an application 12- Gha was filed by the counsel for the petitioner stating that the summons by registered post was served on the petitioner but alongwith the summons a copy of the plaint had not been served on the petitioner. A prayer was made in the application that the plaintiffs be directed to supply a copy of the plaint and prayed for one month's time to file a written statement. The Court on that date directed the plaintiffs to supply a copy of the plaint to the petitioner and gave one month's time to the petitioner to file a written statement and fixed 20.7.1978 for evidence. On the order sheet there is an endorsement (it appears to be by the counsel for the petitioner) that he had received the copy of the plaint.;