Hemant Gupta, J.

1. This is a tenants revision petition against the order whereby the learned Rent Controller dismissed the application under Section 5 of the Limitation Act seeking condonation of delay in filing the application for leave to defend in a petition under Section 13-A of the East Punjab Urban Rent Restriction Act (hereinafter referred to as the Act) filed by the respondent-landlord.

2. The respondent-landlord filed an application under Section 13-A of the Act to seek ejectment of the tenant, inter-alia, on the ground that he is retiring Government servant on 31.7.1998 and therefore, the tenant is liable to be evicted. As per the record the tenant was served with the summons contemplated under the provisions of Section 18-A of the Act on 19.9.1998 accompanied by the copy of the petition. However, the tenant moved the application for leave to defend on 24.12.1998 and also an application under Section 5 of the Limitation Act for condonation of delay because on 19.9.1998 when the summons were received by him, he was to visit to foreign country. It was stated by him that he reached back Amritsar on 24.12.1998 and immediately thereafter he moved the application for l