JUDGMENT

Arun Monga, J. (Oral). - Grievance of the petitioners herein is qua dismissal of their application under Order 9 Rule 13 CPC seeking to set aside the ex parte order dated 05.09.2013 and resultant ex parte eviction order dated 02.07.2014 passed by the Rent Controller, Patiala.

2. The petitioners claim themselves to be successor-in-interest of deceased Ms. Sheela Wati @ Sheela Kiran @ Sheela, against whom rent petition was filed seeking her eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949.

3. The respondent-landlord represented before the Rent Controller that service of Court summons was duly effected on Late Ms. Sheelawati by way of a munadi and also by affixation as well. Based on service report submitted by Process Server, the Rent Controller passed an order dated05.09.2013 to proceed ex parte against the tenant Late Ms. Sheelawati. Later, ex parte eviction order dated 02.07.2014 was also passed against the tenant.

4. Resultantly, during her lifetime, the tenant Late Ms. Sheelawati vide application dated 10.09.2014 (Annexure P-4) sought to set aside the ex parte eviction order dated 02.07.2014 as well recalling of order dated 05.09.2013 vide which