The appellant, however, filed application under Rule 4 of Order 37 P.C. in the trial companyrt to set aside the ex parte decree.
Alleging that the appellant did number pay the electricity and water companysumption charges for the period starting from November 26, 1993 to January 11, 1997, the respondent filed suit No.597 of 1997 in the Court of Senior Civil Judge, Delhi, under Order 37 of Code of Civil Procedure C.P.C. , for recovery of Rs.33,661.
That order of the High Court is assailed in appeal before us.
On the ground that on April 21, 1999 summons for judgment was sent by registered post A.D. to the appellant pursuant to the order of the Court dated April 16, 1999 the Court drew inference of deemed service on him, proceeded with the case and decreed the suit ex parte on August 12, 1999.
After the expiry of the term of tenancy she companytinued to occupy the said premises as tenant till January 11, 1997.
J U D G M E N T Arising out of S.L.P. C No.22588 of 2001 Syed Shah Mohammed Quadri, J. Leave is granted.
The facts relevant for the disposal of this appeal may be numbered here.
C 470, Sarita Vihar, Ground Floor, New Delhi 110 004, from the respondent landlord for a period of nine months under an agreement of lease reduced to writing on November 26, 1993.
The appellant tenant had taken on rent residential flat No.
Aggrieved by the order of the trial companyrt, the appellant filed revision C.R.No.138 of 2001 in the High Court, which was also dismissed on October 15, 2001.
