SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Raj) 429

PRAKASH GUPTA
Vimala Jain – Appellant
Versus
Arun Kumar Jain – Respondent


Advocates appeared:
Mr. Prahlad Sharma, Advocate, for the Appellant; Mr. Divyesh Maheshwari, Advocate, for the Respondent.

JUDGMENT

1. This writ petition has been filed by the petitioner-non applicant (for short, 'the non applicant1) under Article 227 of the Constitution of India against the order dated 25.11.2019 passed by the Rent Tribunal, whereby the application filed by the non applicant under Order 9 Rule 7 read with Section 151 CPC has been dismissed.

2. Facts of the case are that the respondent-applicant (for short, 'the applicant1) filed an eviction petition against the non applicants. On 2.1.2013, notices were issued to the non applicants. On 8.1.2013, the process server reached at the residence of non applicant no.4, but when she was not found at the given address and her daughter in law refused to accept the notices, the process server said to have affixed the notice at the outer door of opened house of non applicant no.4 in the presence of witnesses. In this view of the matter, the Rent Tribunal vide its order dated 15.1.2013 treated service of notice on non applicant no. 4 as sufficient and due to her non appearance, ex-parte proceedings were initiated against her on the same date. The non applicant no.4 filed application under Order 9 Rule 7 read with Section 151 CPC for setting aside the

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top