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N.G. Goel Vs. O.P. Sharaf - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtDelhi High Court
Decided On
Case NumberCivil Revision Appeal No. 203 of 1983
Judge
Reported in27(1985)DLT267
ActsCode of Civil Procedure (CPC), 1908 - Order 5, Rule 20(IA)
AppellantN.G. Goel
RespondentO.P. Sharaf
Advocates: K.K. Sud,; S.L. Bhatia and; Virender Mehta, Advs
Excerpt:
.....and after bearing the learned counsel for the parties, i am satisfied that there was no proper service. publication in an obscure paper like the 'jan yug' cannot be considered to be a proper service. rent controller that this newspaper 'jan yug' satisfied the requirements of order 5 rule 20(ia) of the code......and were served by publication in a newspaper known as 'jan yug'. the petitioner applied to the addl.rent controller for leave to contest the petition which was found to be beyond the period of limitation and as such the application was dismissed on that ground. the petitioner also submitted before the addl. rent controller that there was no proper service and as such the application for leave to contest should be entertained but the addl. rent controller was of the opinion that the service by publication was proper and as such did not consider the request of the petitioners favorably. consequently eviction order was passed on 17-12-1982. thereafter, the petitioners filed an application under order 9 civil procedure code for setting aside the said eviction order on the ground that.....
Judgment:

N.N. Coswamy, J.

(1) ADMIT. This order will also dispose of Cr 206 of 1983 as both these orders are directed against the eviction order passed against the petitioner. It is an admitted fact that the petitioners were not served by ordinary process and were served by publication in a newspaper known as 'Jan Yug'. The petitioner applied to the Addl.Rent Controller for leave to contest the petition which was found to be beyond the period of limitation and as such the application was dismissed on that ground. The petitioner also submitted before the Addl. Rent Controller that there was no proper service and as such the application for leave to contest should be entertained but the Addl. Rent Controller was of the opinion that the service by publication was proper and as such did not consider the request of the petitioners favorably. Consequently eviction order was passed on 17-12-1982. Thereafter, the petitioners filed an application under order 9 Civil Procedure Code for setting aside the said eviction order on the ground that there was no proper service. That application was dismissed on the ground that the application was not maintainable inasmuch as the petitioners were present and the order was not ex parte.

(2) After giving my careful consideration to the facts of the case and after bearing the learned counsel for the parties, I am satisfied that there was no proper service. Publication in an obscure paper like the 'Jan Yug' cannot be considered to be a proper service. Order 5- rule 20 Civil Procedure Code specifically lays down that there the court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain. There is no finding by the learned Addl. Rent Controller that this newspaper 'Jan Yug' satisfied the requirements of order 5 rule 20(IA) of the Code. In any case, I have not even heard the name of this newspaper till date and it cannot be taken that this paper has sufficient circulation in order to fulfill the requirements.

(3) For the reasons recorded above, these petitions are allowed and the eviction order is set aside. The application for leave to defend will be considered on merits and the learned Addl. Rent Controller should decide the petition as expeditiously as possible and not later than six months from the next date of hearing. The parties are directed to appear before the learned Rent Controller on 22-11-1984. The parties are left to bear their own costs.


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