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2023 Supreme(P&H) 513

NIDHI GUPTA
Sagar Mehra – Appellant
Versus
Krishan Lal @ Kishan Lal – Respondent


Advocates appeared:
Mr. C.S. Pasricha, Advocate, for the Appellant; Mr. V.K. Sandhir, Advocate, for the Respondent

JUDGMENT

Nidhi Gupta, J. - Prayer in present Revision Petitionis for setting aside order dated 08.11.2016 Annexure P1 passed by learned Rent Controller, Amritsar vide which application filed by the petitioner-tenant under order 9 Rule 9 CPC for restoration of the application filed by the petitioner under Order 9 Rule 13 CPC for setting aside ex-parte ejectment order in Rent Petition titled as 'Krishan Lal Vs. Deepak Mehra and another' has been dismissed.

2. Brief facts of the case are that the respondent No.1/landlord herein had filed rent petition dated 28.04.2001 seeking ejectment of the petitioner and respondent No.2 from the premises in question. The petitioner was duly served in the said Rent Petition and even munadi was conducted. However, as the petitioner chose not to appear in the said matter, vide order dated 22.01.2002 the petitioner was proceeded against ex-parte. Thereafter, ejectment order was passed on 20.03.2003. Thereafter, execution petition was filed by the respondents in which the petitioner appeared and filed objections, and simultaneously on 30.5.2003, filed application under Order 9 Rule 13 for setting aside ex parte order. However, application under Order 9 Ru

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