C. M. Nayar, J. (ORAL)

( 1 ) THE present petition is directed against the Orders dated 6th December, 1994 and 9th May, 1996 respectively passed by the Additional Rent Controller, Delhi. The first Order declined to entertain the application for leave to defend on merits as it was filed after 17 days of service and the delay was held not condonable. The second Order disposed of an application filed by the petitioner under Section 151 of the Code of Civil Procedure for condonation of delay in filing an application for leave to defend which was also dismissed.

( 2 ) THE admitted facts are that the respondents filed an eviction petition under Section 14 (1) (e) read with Section 25-B of the Delhi Rent Control Act (herein- after referred to as `the Act ). The petitioner was served on 30th April, 1994. The summons were allegedly delivered to him at the address 387 Kucha Bulaki Begum, Dariba Kalan though a plea was taken that the process server could not have gone to this address when the address was not mentioned in the process. The learned Additional Rent Controller did not accept the same and held that leave to defend application was filed two days beyond time as the petitioner himself

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