S.L. Bhayana, J.

1. The present petition is filed under Section 25-B of Delhi Rent Control Act against the order dated 13.7.2010 passed by the Additional Rent Controller, wherein the trial court has dismissed leave to defend application filed by the Petitioner/tenant and passed an eviction order against the Petitioner herein.

2. The facts necessary to be highlighted in the present petition are that the Petitioner herein was served by Registered Post on 13.2.2009 and the returnable date was 16.3.2009. As per statutory provision the leave to defend application was to be filed latest by 28.2.2009 (i.e. within 15 days). According to the Petitioners they have signed the application of leave to defend on 28.2.2009 and handed over such application after lunch at about 3 P.M. to the Reader of the Learned ARC, on that day it was Saturday. Next day i.e. on 1.3.2009 it was Sunday. Subsequently, on 2.3.2009 the Petitioner came know that the Reader put up the application before the Learned ARC on 2.3.2009 and upon which the following endorsement was made "Be put up on date fixed with the file. Sd/-ARC, ND 2.3.2009" and on that very day the counsel for Petitioner was not present. According