Waiver of summons notice can defeat tenant protection when appearance and participation show knowledge of the first hearing.

A tenant's entitlement to protection under Section 20(4) of the U.P. Act depended on depositing the admitted dues before the first hearing, and the Court treated the "first hearing" as the first date fixed for the step or proceeding mentioned in the summons. It held that where the tenant appeared through counsel, sought time, and was informed of the dates for filing the written statement and hearing, the purpose of summons was satisfied and could be treated as waived. On those facts, the later plea of non-service failed, the deposit was not timely, and the tenant was not entitled to the statutory benefit.

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Issues: Whether the tenant was entitled to protection under Section 20(4) of U.P. Act No. XIII of 1972 by depositing the admitted dues before the first hearing, and whether the absence of formal summons prevented the date fixed in the defendant's presence from operating as the first hearing.

Analysis: The statutory explanation to Section 20(4) treated the "first hearing" as the first date for the step or proceeding mentioned in the summons. The proceedings showed that the defendant had entered appearance through counsel, sought time, and was informed in court of the date for filing the written statement and for final hearing. The Court held that the purpose of summons is to give notice of the claim and the date of appearance, and that this requirement may be waived where the defendant voluntarily appears and participates with knowledge of the proceedings. On the facts, the order dated 11.9.1978 was treated as sufficient notice for the purpose of the explanation, and the defendant's later plea of non-service was rejected as inconsistent with his conduct.

Conclusion: The defendant was not entitled to the benefit of Section 20(4) because the deposit was not made by the first hearing as so understood, and the plea of summons failed.

Final Conclusion: The revision failed and the decree of ejectment was upheld.

Ratio Decidendi: Where a tenant appears through counsel, is informed of the date for filing the written statement and hearing, and participates without objection, the requirement of summons may be treated as waived for the purpose of determining the first hearing under Section 20(4) of U.P. Act No. XIII of 1972.

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