- (1.) This revision petition is directed against the order dated 17.05.2010 passed by the learned Rent Controller, Kaithal by which an application filed by the Petitioner under Order 9 Rule 13 of the Code of Civil Procedure, 1908 [for short "CPC"] for setting aside the ex-parte order dated 15.01.2010, has been dismissed.
(2.) In brief, the Respondent/landlord filed a petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 [for short "the Act"] for eviction of the Petitioner/tenant from the demised premises on the grounds of non-payment of rent, subletting and personal necessity. As per the zimni orders produced on record, the petition was filed on 21.08.2009 and the following order was passed on that date: - "Petition presented today. It be checked and registered. Now, notice of its petition be issued to the Respondent for 30.10.2009 on filing of PF etc."
(3.) The said notice could not be served upon the Petitioner/tenant as there was a report of "Gair Abad" which means that nobody is residing at the said address. Hence, on 30.10.2009, following order was passed: - "Notice issued to the Respondent received back with the report of Gairbad. Fresh notice be issued for 10.11.2009 on filing of correct address. Dasti process be given so desired." On 10.11.2009, following order was passed: Notice issued to the Respondent received back unexecuted. Fresh notice to Respondent be issued for 03.12.2009 on filing of summon and copy etc. On 03.12.2009, following order was passed: "Summon and copy not field. On the request, adjourned to 15.12.2009 for service of Respondent on filing of summon form and copy etc." On 15.12.2009, the Court was on leave, therefore, the case was taken up on 12.12.2009 and was adjourned to 15.01.2010. On that date, the following order was passed: "Munadi received back duly effected but none has come present on behalf of Respondent despite repeated calls. It is 3.00 p.m. Waited sufficiently. So, Respondent is proceeded ex-parte. Now, to come up on 06.02.2010 for ex-parte evidence.";