P.C.Pandit, J. - (1.) THIS is a revision petition filed by Kesar Singh under section 15(5) of the East Punjab Urban Rent Restriction Act, 1949, hereinafter called the Act, against the order of the Rent Controller, Kaithal, refusing to set aside the ex parte eviction order passed against him at the instance of Tara Chand.
(2.) IN February 1966, Tara Chand filed on ejectment application under Section 13 of the Act against Prem Chand and Kesar Singh. The grounds of ejectment were the non -payment of arrears of rent by the tenant Prem Chand and subletting of the premises by him in favour of Kesar Singh Notice of the application was given to the opposite party for 6th April. 1966. On 13th March, 1968, personal service was effected on Prem Chand and as regards Kesar Singh the report of Karam Chand, Process Server, was that he had refused to accept notice and, consequently, the same was affixed on the outer door of his residence. On 6th April, 1966. the date fixed in the case, the applicant and his counsel were present and Prem Chand was absent inspite of service. Since Kesar Singh had refused to accept service, therefore, it was ordered that ex -parte proceedings be taken against both him and Prem Chand. 2nd May, 1966, was fixed for taking the ex parte evidence On that date, the applicant produced two witnesses and thereafter closed his evidence. On the same day, an order of ejectment was passed both against Prem Chand and Kesar Singh. On 30/31st January, 1967, only Kesar Singh moved an application for setting aside the ex -parte order of eviction passed against him. His case was that the summons was not duly served upon him and he came to know of the order of ejectment against him on 11th January, 1967, when Tara Chand made a mention of this eviction order in the written statement filed by him in some other case.
(3.) THIS application was resisted by Tara Chand, who pleaded that it was barred by limitation and that there were no sufficient grounds for setting aside the ex -parte order.;