High Court of Punjab and HaryanaCR/7050/2016allowed

Sarbati & ORS v. Ram Narain & ORS

2016-10-21Mr. Justice Rajesh Bhardwaj2 pages

CR-7050-2016 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Civil Revision No.7050 of 2016 (O&M) Date of Decision:October 21, 2016.

Smt. Sarbati and others ......PETITIONER(s).

VERSUS

Ram Narain and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Lokesh Sinhal, Advocate for the revision petitioner (s).

******* SURINDER GUPTA, J.

Heard.

Perusal of the order passed by the Rent Controller shows that on 30.07.2016, the case was fixed for filing of reply on behalf of respondents No.1 to 3 (now revision petitioners) which was not filed. The defence of respondents No.1 to 3 was struck off and the case was fixed for service of respondents No.4 to 8 for 20.09.2016. Again on 20.09.2016, service of respondents No.4 to 8 could not be effected as copy of petition was not filed by the petitioners-landlord(now respondents No.1 to 3). The case is still at the stage of service of the respondents, who on their service being effected will get opportunity to file written reply. In these circumstances, learned Rent Controller if had allowed further opportunity to the revision petitioners to file reply subject to costs, it would not have, in any manner, prejudice the rights of the landlords as respondents No.4 to 8. Sachin Mehta 2016.10.24 16:40 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CR-7050-2016 -2In view of my above discussion, this revision petition is allowed. The revision petitioners will file reply on the next date fixed in the case which is stated to be 04.11.2016, subject to deposit of `2,500/- as costs with District Legal Services Authority, Faridabad. The Rent Controller will take the reply on record and allow the revision petitioners to join further proceedings.

The order has been passed in the absence of respondents to avoid unnecessary delay and expenses. A copy of this order be conveyed to the respondents. In the event of respondents having any objection, they may file application to that effect. On receipt of the application, the same be listed for hearing.

( SURINDER GUPTA ) October 21, 2016.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2016.10.24 16:40 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH