JUDGMENT

Tarun Chatterjee, J. —

1. Leave granted.

2. This is an appeal arising out of a Judgment and order dated 30th of October, 2006 passed by the High Court of Delhi at New Delhi in C.M. No. 65 of 2002, whereby the High Court had dismissed the petition filed by the landlord/appellant and upheld the order passed by the Additional Rent Controller, Delhi. The order of the Additional Rent Controller holding that he is conferred with power to set aside an ex-parte order for eviction in the exercise of its jurisdiction under Order 9 Rule 13 read with Order 37 Rule 4 and Section 151 of the Code of Civil Procedure (in short, “the Code”) was thereby affirmed by the High Court in appeal.

3. The brief facts leading to the filing of this appeal may be stated as follows in a nutshell :-

The landlord/appellant filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short “the Rent Act”) before the Rent Controller, Delhi for eviction of the Tenant/Respondent from No. 1-C/46, Ramesh Nagar, Namdhari Colony, New Delhi (in short “the tenanted premises”). After filing of the eviction proceeding, summons was issued in compliance with Section 25(3) (a) of the Rent