Manmohan Singh, J.

1. By way of the present petition under Article 227 of the Constitution of India read with Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as “the Act”), the petitioner has assailed the eviction order dated 8th April, 2013 of the learned Rent Controller whereby the leave to defend application filed by the petitioner was dismissed for the reason mainly that the same was not filed within the stipulated period prescribed under the Act.

2. The respondent had filed an eviction petition being No.E-17/12 against the petitioner under Section 14(1)(e) of the Act in respect of a room bearing No. 3B, with Balcony alongwith common toilet and bathroom in the property bearing municipal No. A-14/3, Jamna Bhawan, 2nd Floor, Asaf Ali Road, New Delhi(hereinafter referred to as the “tenanted premises”).

3. It is admitted by the petitioner that incomplete summons were served on the petitioner on 23rd August, 2012, the same however did not contain pleading and documents. Therefore not considered as valid summons. It is stated that on 25th October, 2012 the counsel for the petitioner appeared before the learned Trial Court and requested for supply of