Ajay Rastogi, J.-Instant revision petition has been filed at the instance of objector (applicant) assailing order dated 11.01.2002 whereby Executing Court (ADJ No. 3, Jaipur City) over-ruled objections raised in his application (Civil Misc. Case No. 24/01) U/O 21, Rule 97, Civil Procedure Code.

2. Facts, in brief , are that decree holder (Respondent No. 1) instituted Civil Suit No. 75/98 against tenant Respondent No. 2 (Judgment -debtors) seeking his eviction on the ground of personal necessity, material alterations and sub-letting. Plea of sub-letting was not pressed against tenant (Subhash Pareek). The tenant (Respondent No. 2) did not appear despite service and accordingly ex parte decree was passed by competent Court of jurisdiction vide Judgment dated 17.08.2000.

3. In the plaint, decree holder pleaded inter-alia that suit premises was let out to Subhash Pareek by an oral agreement on 012.1988 on a rent of Rs. 1,150/-per month and after August, 1997, the tenant Respondent No. 2 discontinued to pay monthly rent. Since, the tenant avoided service of notice and summons could not have been served upon him, notices were served by substituted service after publication in da