The tenant is aggrieved by an ex parte decree dated 9.10.1993 for recovery of arrears of rent and eviction from the suit premises bearing plot No.
2002 3 SCR 352 The following Order of the Court was delivered This is a landlord tenant litigation.
He met me on the spot present.
9, Chowk Shakti Nagar, Amritsar where the tenant carries on his business of selling shoes.
On 23.2.1993, the Court recorded default in appearance of the defendant tenant and proceeded ex parte resulting into the ex parte decree dated 9.10.1993.
Attested to the true.
The tenant refused to accept the summons.
A perusal of the record of proceedings shows that the process server was entrusted with summons for service on the defendant tenant.
The date of hearing appointed was 23.2.1993.
According to the process server, Narinder Jeet Singh, he went to the shop of the tenant appellant on 22.2.1993 and tendered to him the summons accompanied by a companyy of the plaint.
Then, he returned the summons alongwith an endorsement of refusal on the back of summons to the Court on 23.2.1993.
The tenant has filed this appeal by Special Leave.
The Civil Revision preferred by the tenant met with the same fate.
An application under Order 9, Rule 13 of the C.P.C. seeking setting aside of the ex parte decree was filed which was opposed, enquired into and rejected by the Trial Court.
But he refused to accept the summons, Copy of the plaint alongwith summons is returned to the Court.
Firstly, on the alleged refusal by the defendant either he did number affix a companyy of the summons and the plaint on the wall of the shop or if he claims to have done so, then the endorsement made by him on the back of the summons does number support him, rather companytradicts him.
