( 1 ) THIS petition is directed against the judgment and order dated 22nd November, 2003 of the Additional rent Control tribunal (for short "the Tribunal") in RCA No. 436/2002, whereby the learned Tribunal has reversed the order of the Additional Rent Controller and has allowed the application under Order 9 Rule 13 CPC.

( 2 ) THE brief facts of the case as has been noted by the learned Tribunal are as under :

"the brief facts giving rise to the present appeal are that a petition for eviction U/s 14 (1) (a) r/w Section 6a and 26 of the Delhi Rent Control Act was preferred by the respondent against the appellant. In the said proceedings the summons were sent to the appellant at the address of the premises in question and also at the address A-6, west End Colony, New Delhi. The said summons were not served upon the appellant. Service was effected by publication in the National Herald dated 26. 5. 97. Appellant thereafter was proceeded ex-party and ultimately an eviction order dated 7. 11. 97 was passed against the appellant. Appellant preferred a petition under Order 9 Rule 13 CPC on 3. 2. 98 alleging that the appellant was never served with the summons of the case nor