Shamsher Bahadur, J. - (1.) This rule is directed against the order of the Rent Controller setting aside the ex-parte order of ejectment.
(2.) The petitioner Maya Ram is the landlord of the suit premises consisting of a shed in Bagichi Lala Maya Ram in the town of Amritsar An application was made for ejectment of the tenant Messrs Ram Saran Dass Lal Chand from this shed and an ex-parte order for ejectment was made on 17th Aug., 1966. In execution of this order, the firm of Ram Saran Dass Lal Chand was actually ejected from the demised premises on 22nd Dec., 1966.
(3.) An application was moved on behalf of M/s Ram Saran Dass Lal Chand under Order 9, Rule 13, read with section 151 of the Code of Civil Procedure , for setting aside the ex-parte ejectment order on the ground that no service had been made on the firm which had been ejected from the suit premises. In reply to this allegation the landlord alleged that the firm of Ram Saran Dass Lal Chand had been duly served and as it was not in a position to pay the arrears of rent it intentionally avoided acceptance of service,;