J.V.GUPTA,J - (1.) THIS petition is directed against the order of Rent Controller, dated March 13, 1989, whereby application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex-parte proceedings was dismissed.
(2.) THE landlady Krishna Devi filed the ejectment application against her tenant Nand Lal Chiranji Lal on May 28, 1986 on the ground of non-payment of arrears of rent w.e.f July 15, 1984. The amount claimed was Rs. 1450/-. August 28, 1986 was the first date of the service on the respondent on which date it was reported that he had refused to accept service. The learned Rent Controller, thereupon ordered for service by way of the proclamation for September 29, 1986. In spite of that the respondent failed to appear on the date and he was ordered to be proceeded ex-parte. The respondent filed an application for setting aside the ex-parte proceedings alleging that no proper service was ever made upon him; that no summons were ever served upon him; that the report of the process server was wrong which was made in collusion with the landlady; that the landlady had not given the proper address of the respondent; that no registered notice was ever sent to him; that he never refused to accept the summons as alleged in the report of the process server. It was further pleaded that the present application was transferred from the court of Sh. G.L. Goyal on September 20, 1986 and no notice was given to him by the transferee court. He came to know about the ex-parte order when the husband of the petitioner threatened him to eject him from the demised premises and he moved the application accordingly. In the reply, filed by the landlady, these allegations were controverted. It was denied that the report made by the process server was with her collusion. She had also asserted that the tenant had no money to pay on the first date of hearing so he failed to appear on that date in order to gain time.
(3.) THE learned Rent Controller, after framing the necessary issue, and relying upon the evidence led by the parties came to the conclusion that the allegations brought on record were not proved.;