Allowed

Ravinder Kumar v. Banarsi Dass

Punjab & Haryana HC14 Oct 2009CR/2785/2009

Case brief

AI extract

What is this about?

The High Court allowed the revision petition to set aside the Rent Controller's order declining recall of a Local Commissioner. The tenant was granted a single opportunity to produce and cross-examine the Commissioner at his own cost, with a deadline of 30.11.2009.

What did the court decide?

The impugned order was set-aside; the petitioner was granted liberty to produce and cross-examine the Local Commissioner and was directed to pay Rs.4000 costs to the respondent.

Ravinder Kumar Vs Banarsi Dass — Execution and Attachment | Punjab & Haryana HC (2009)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶2

Civil Revision No.2785 of 2009 (O&M)

¶3

Date of Decision : 14.10.2009

Ravinder Kumar

.....Petitioner

versus

Banarsi Dass

.....Respondents

CORAM : HON'BLE MR.JUSTICE SURYA KANT.

¶10

Present : Mr.G.C.Shahpuri, Advocate, for the petitioner. Mr.Rahul Sharma, Advocate, for the respondent.

¶11

-.-

¶12

Whether Reporters of Local papers may be allowed to see the judgment?

¶13

To be referred to the Reporters or not?

¶14

Whether the judgment should be reported in the Digest?

¶15

ORDER

¶16

Surya Kant, J. (Oral)

¶17

This revision petition is directed against the order dated 18.4.2009 passed by the Rent Controller, Yamuna Nagar at Jagadhri, whereby the application moved by the petitioner-tenant, to recall the Local Commissioner for his further cross-examination has been declined.

¶18

It appears that the Local Commissioner was appointed by the Court at its own vide order dated 13.5.2004 and the report of the Local Commissioner dated 5.6.2004 was taken on record. The parties have concluded their evidence. The petitioner-tenant thereafter, moved the present application to re-summon the Local Commissioner for his further

¶19

C.R. No.2785 of 2009 (O&M) 2

¶20

cross-examination. It may be true that on a liberal interpretation of Order 26 Rule 9 & 10 CPC, the Court can always permit the parties to examine/cross-examine a Local Commissioner as it would strengthen the credibility of the report submitted by him but subject to the safe guard against mis-use of such a wider approach.

¶21

Taking into consideration the totality of the circumstances, it appears in the interest of justice to grant one opportunity to the petitionertenant to produce the Local Commissioner at his own responsibility and examine/cross-examine him after compensating the respondent-landlord with costs.

¶22

The revision petition is accordingly allowed to the extent above; the impugned order dated 18.4.2009 is set-aside and it is directed that the petitioner shall be at liberty to produce the Local Commissioner on the next date of hearing fixed before the Rent Controller at his own responsibility and subject him to examination/cross-examination with equal right to the opposite party. The petitioner shall also pay Rs.4000/- as costs to the respondent-landlord.

¶23

It is made clear that only one opportunity shall be granted to the petitioner, preferably before 30.11.2009.

Dasti.

(SURYA KANT) JUDGE

14-10-2009

Mohinder

Ravinder Kumar v. Banarsi Dass

Case brief

What is this about?

What did the court decide?

Ravinder Kumar v. Banarsi Dass

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Saroj Rani and Ors. Vs Anil Kumar Sareen and Ors.

M/S Satpal Pawan Kumar Commission Agent &Ors. Vs Vijay Kumar

Pyari Devi Vs Singh Ram and Ors.

Vikas Chawla Vs Banarsi Dass

Sarabjit Kaur Vs Amarjit Singh

(O&M)Chaman Lal and Another Vs Ram Saran Dass and Ors.