( 1 ) THE facts giving rise to this petition are that Smt. Durga Devi, petitioner herein filed an eviction petition under Section 14 (1) (e) read with Section 25-B of the Delhi Rent Control Act with respect to the suit premises in property No. D-8, NDSE Part II against S. Kumar, respondent herein. Summons specified in Third Schedule in accordance with the provisions of the Delhi Rent Control Act were issued. Personal service on the respondent tenant was not effected. However, service on respondent was shown at D-8, NDSE Part I by refusal by the process server on 18. 7. 84 and 20. 7. 84 and by the postman on 18. 7. 84 and 3. 9. 84. Finding that no application seeking leave to defend has been filed within 15 days from the date of service by refusal, the Addl. Rent Controller passed an ex-pane eviction decree against the tenant respondent herein.

( 2 ) AGGRIEVED, the judgment debtor S. Kumar respondent herein filed an application under Order 9 Rule 13 Civil Procedure Code. for setting aside the ex-parte eviction order passed on 11,9. 84 praying that the ex-parte order be set aside and the possession of the premises be restored to him. Shri Dinesh Dayal,addl. Rent Controller,