- (1.) Bachan Singh has filed this petition against the order of the learned Rent Controller, Amritsar, dated October 16, 1979, by which the application filed by the respondent under Order 9, rule 13 of the Code of Civil Procedure for setting aside the ex-parte order of ejectment passed on May 31, 1975, was allowed and the ex-parte order of ejectment passed on May 31, 1975 was set aside.
(2.) An ejectment order was passed against the respondent on 31st May, 1975. An application was filed for its setting aside on the ground that deliberately wrong address was given ; that the respondent was never served ; that the ejectment order was obtained by the petitioner by playing fraud on the Court and the respondent; that no proclamation was made at the spot and that no copy of the ejectment application was affixed along with the summons as is alleged to have been pasted at the shop. The application was contested by the petitioner. On the pleadings of the parties, the following issues were framed: (i) Whether the application is within time ? (ii) Whether there is sufficient cause to set aside the ex-parte decree dated 31-5-1975 ? (iii) Whether the application is not drafted in accordance with law and is not maintainable in the present form ? (iv) Whether the application is not property signed and verified ? (v) Relief."
(3.) In support of his allegations, the respondent examined Devi Chand J.D.W. 1, Kam Narain J.D.W. 2, Phuman Singh J.D.W. 3 and Arjun Dev, a partner of the firm as J.D.W. 4 In rebuttal, the petitioner examined Piara Lal, process-server, D.H.W. 1, Swaroop Singh D.H.W. 2, Thakar Dass D.H.W. 3, Om Dutt D.H.W. 4, Mohinder Singh D.H.W. 6, Mohan Singh D.H.W. 7, besides examining himself as D.H.W. 5.;