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Summonses were issued and the same were served on the respondent i.e. through process server and through registered post with aknowledgment due. But none appeared for the respondent before the Additional Rent Controller and therefore, the suit was decreed ex parte. The appellant examined number of witnesses and exhibited certain documents. Learned Additional Rent Controller after review of the evidence on the record accepted the evidence as none has appeared to rebut the same and granted a decree for eviction on being satisfied that all the ingredients of Section 14(1)(h) of the Act stood established by Order dated 21st November, 2002. Thereafter, an application was filed by the respondent under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure for setting aside the ex parte decree dated November 21, 2002. This application was dismissed by the Additional Rent Controller by its order dated March 5, 2003. This order rejecting the application filed under Order IX Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree was not challenged and it attained finality. However, the respondent thereafter filed an appeal being R.C.A. No.179 of 2003 before the Additional Rent Control Tribunal, Delhi against Order and Decree passed by the Additional Rent Controller on 21st November, 2002. Though the appeal was barred by time yet the delay in filing the appeal was condoned. Learned Tribunal after considering the facts and law on the subject dismissed the appeal by its order dated April 24, 2003. It was held by the Tribunal that the wife of the respondent has already acquired an alternative residential accommodation bearing No.A-35/D, D.D.A. Flat, Munirka, New Delhi and has further observed that the decree was granted ex parte and that ex parte order has not been set aside. Therefore, learned Tribunal did not feel persuaded to interfere in the appeal and consequently the same was dismissed. Aggrieved against this order passed by the Tribunal on April 24, 2003, a writ petition under Article 227 of the Constitution was filed by the respondent before the High Court of Delhi. Learned Single Judge of the High Court after considering the matter observed that without going into the intricacies of the material produced and without going into the legality of the ex parte order not being challenged, learned Single Judge felt persuaded that an opportunity of hearing should be given to the writ petitioner- the respondent herein and as such set aside the order and granted leave to defend the suit. Aggrieved against this order passed by the learned Single Judge of the High Court of Delhi on July 23, 2004, the present Special Leave Petition was filed.