Dispensation of notice in execution under Order 21 Rule 22 is valid if executed within two years of the original order, subject to further review of the ex-parte order.

J U D G M E N T

Dated this the 8th day of November, 2022 A. Muhamed Mustaque, J This Original Petition was filed by the respondent in execution of an order of eviction under Rent Control Act . Admittedly, an ex-parte order was passed by the Rent Controller under Section 11 (2) of the . The order was passed on 18.01.2020. Thereafter, execution was laid and delivery was effected. No notice of delivery was given to the petitioner herein. After effecting delivery, he filed an application to review the order of delivery. Execution Court dismissed the application. Challenging the dismissal of the application, the petitioner has approached this Court, invoking Article 227 of the Constitution of India.

2. The application for setting aside the ex-parte order of eviction is pending along with an application to condone the delay.

3. The execution Court considered the question of non service of notice in execution, and noted that the execution was laid within two years of the order of eviction and found that objection raised by the petitioner is not tenable. The learned counsel for the petitioner would submit merely for the reason that statutory provision under Order 21 Rule 22 of the Code of Civil Procedure, 1908 laid down dispensation of notice if execution is laid within two years of the order, it will not lead to a conclusion that notice required to be sent in execution can be dispensed with, if the execution petition is filed within two years.

4. We note Order 21 Rule 22 first proviso which enables the Court to dispense with such notices, if such execution is laid down within two years from the date of last order. It is to be noted this was an ex-parte order perhaps for that reason, the Court dispensed the notice. We don't find any jurisdictional error committed in this matter.

However, we are of the view that the delivery effected in this matter, will be subject to the outcome of application to set aside the ex-parte order passed by the Rent Controller. We direct the Rent Controller to dispose those application as expeditiously as possible.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE

ams

APPENDIX OF OP (RC) 97/2020 PETITIONER'S EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED

18.1.2020 IN RCP NO. 74/2016 EXHIBIT P2 THE TRUE COPY OF E.P 311/2020 IN RCP NO. 74/2016 EXHIBIT P3 THE TRUE COPY OF E.A 4/2020 IN E.P

311/2020 IN RCP NO. 74/2016 EXHIBIT P4 THE TRUE COPY OF THE OBJECTION IN E.A

4/2020 IN E.P 311/2020 IN RCP NO.

74/2016 EXHIBIT P5 THE TRUE COPY OF ORDER DATED 6.8.2020 IN E.A 4/2020 IN E.P 311/2020 IN RCP NO. 74/2016 EXHIBIT P6 THE TRUE COPY OF I.A NO. 3/2020 IN RCP NO. 74/2016 EXHIBIT P7 THE TRUE COPY OF I.A NO 4/2020 IN RCP NO. 74/2016