Allowed

Chander Sheikher Khatter v. Abishek Kumar and Ors.

Punjab & Haryana HC15 Jul 2013CR/3959/2013

Case brief

AI extract

What is this about?

In this revision petition, the High Court allowed it to grant the petitioner-tenant one final opportunity to lead evidence before the Rent Controller. This exception to the refusal stems from the CPC being a handmaid for justice, balanced against imposing litigation costs.

What did the court decide?

Revision petition allowed; petitioner granted one further opportunity to lead evidence upon payment of Rs. 5,000 costs.

Chander Sheikher Khatter Vs Abishek Kumar and… — Landlord and Tenant | Punjab & Haryana HC (2013)

¶1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

C.R No.3959 of 2013 (O&M) Date of decision:15.07.2013

¶3

Chander Shekhar Khattar

¶4

....Petitioner

¶5

Versus

¶6

Abhishek Kumar & others

¶7

....Respondents

¶8

CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG

¶9

Whether reporters of local newspapers may be allowed to see judgment?

¶10

To be referred to reporters or not?

¶11

Whether the judgment should be reported in the Digest?

¶12

Present:- Mr. A.P.S.Shergill, Advocate for the petitioner.

¶13

Mr. K.D.S.Dhillon, Advocate for respondent No.2.

¶14

RAKESH KUMAR GARG, J (ORAL)

¶15

Vide impugned order dated 02.07.2013, evidence of the petitioner-tenant has been closed by order of the Rent Controller, Jalandhar. By filing the instant rent petition, petitioner-tenant has challenged the aforesaid order.

¶16

It has been submitted on behalf of counsel for the petitioner that he shall lead his entire evidence in one opportunity on his own risk and responsibility and the opposite party can be well compensated by imposing costs.

¶17

From the perusal of the record, it has been found that petitioner has been given five effective opportunities to lead evidence

¶18

Kadian Savita 2013.07.20 13:40 I attest to the accuracy and integrity of this document High Court Chandigarh

¶19

C.R No.3959 of 2013 (O&M)

¶20

-2-

¶21

and there is hardly any justification for allowing him more opportunities to lead evidence. However, keeping in view the settled proposition of law that the provisions of Civil Procedure Code are handmaid for administration of justice and are to be liberally construed, this Court is inclined to take a lenient view.

¶22

This revision petition is allowed by giving one more opportunity to the petitioner to lead his entire evidence before the Rent Controller on the date of hearing as fixed by the Rent Controller at his own risk and responsibility and he shall not be allowed any Court assistance. Opportunity shall be allowed, subject to payment of costs which are assessed at ` 5,000/-. Payment of costs shall be a condition precedent for allowing the petitioner to lead his evidence giving one more opportunity to the petitioner.

¶23

Let the parties appear before the Rent Controller on 22.7.2013. On the said date, the petitioner shall tender the costs as assessed by this Court and on his tendering the costs, the Rent Controller shall fix the date, granting the petitioner, to lead evidence as ordered by this Court. No further opportunity shall be granted.

¶24

The parties shall appear before the Rent Controller on 22.07.2013.

¶25

Disposed of.

¶26

(RAKESH KUMAR GARG) JUDGE

¶27

July 15, 2013 savita

Chander Sheikher Khatter v. Abishek Kumar and Ors.

Case brief

What is this about?

What did the court decide?

Chander Sheikher Khatter v. Abishek Kumar and Ors.

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

M/S Stic Travels & Anr. Vs Viranmool Singh Toor & Ors.

Amar Singh Vs Jainendera Gurukul

Iqbal Singh & Ors. Vs Sunil Arora & Anrs.

Kailash Chand @ Kailash Chander and Ors. Vs Rai Bahadur Sewak Ram Trust Society etc.

Archanan Devi Vs Raj Rani & Ors.

Brij Lal and Anr. Vs Hry Financial Corp.