Civil Revision No. 7091 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7091 of 2009 Date of decision : 19.1.2010 Dr. Tarlochan Singh ....Petitioner Versus Ramu ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. R.N.Raina, Advocate for the petitioner. None for the respondent. S. D. ANAND, J. In a petition filed by the petitioner-landlord to obtain ejectment of the respondent-tenant from tenanted premises in terms of provisions of Section 13-B of East Punjab Rent Restriction Act (hereinafter referred to as “the Act”), the learned Rent Controller allowed a plea raised by the respondent-tenant for leave to defend the proceedings aforementioned. The grant of leave aforementioned is contested by the Land lord on an averment that the plea granted was time barred and this aspect, though raised at the trial, was not considered by the learned Rent Controller. I have heard Sh. R.N.Raina learned counsel appearing on behalf of the petitioner and carefully gone through the file. Civil Revision No. 7091 of 2009 -2- **** None entered appearance on behalf of the respondent- tenant to contest it. The respondent had otherwise been served to appear before this Court on 22.12.2009. On that date, a Coordinate Bench (M.M.S.Bedi, J.) of this Court noticed that service had been effected but none had entered appearance on behalf of the respondent. It is apparent from the relevant provisions that a plea for the grant of leave to contest has to be filed within fifteen days of the service of summons. In this case,the service of summons was effected on 17.7.2009. The leave to contest was applied for 10.8.2009. It was, thus, apparently time barred. This view is supported by Babu Ram Vs. Naresh Kumar 2006 (2) L.A.R. 229, Vijay Kumar Vs. Surinder Tamna 2007 (2) L.A.R. 69, S.Amarjit Singh Walia Vs. S.Harpreet Singh, 2005 (1) L.A.R. 307 and Director & Warden of Fisheries, Punjab Vs. Sant Kaur 2007(2) L.A.R. 647. In the light of foregoing discussion, the petition shall stand allowed. The impugned order dated 12.10.2009 shall stand set aside. January 19, 2010 (S. D. ANAND) Pka JUDGE