- (1.) CHALLENGE in this writ application is to the order dated 05.01.2008 (Annexure -7) passed by the learned Additional Munsif, Hazaribagh in Eviction Suit No. 09 of 2003, whereby the prayer of the respondent no. 3 under Order 9 Rule 7 of the Code of Civil Procedure for setting aside the ex - parte order, was allowed.
(2.) THE petitioner / plaintiff filed a suit for eviction of the defendants, all sons of Late Mussadi Singh, from the suit premises under the provisions of Bihar Building (Lease, Rent and Eviction) Control Act, 1982. While the defendant no. 2 appeared and filed his written statement, the defendants 1 and 3 refused to receive summons issued through Registered Post. Thereafter, notice was published in the local newspaper. When in spite of newspaper publication, the defendants 1 and 3 did not appear, the court by order dated 23.12.2003, fixed the suit for ex -parte hearing against the defendant nos. 1 and 3.
(3.) THE petitioner / plaintiff thereafter filed a petition under section 15 of the Rent Control Act for directing the defendants to deposit arrears as well as current rent.;