Landlord's revision challenging direction to serve tenants by ordinary process after service via munadi was noted. Held unnecessary to re-serve. Petition disposed with direction to Rent Controller to pass appropriate order.
Direction to Rent Controller, Dera Bassi to pass an appropriate order on 16.08.2013.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R No.4754 of 2013 (O&M) Date of decision:12.08.2013
J.P.Singla
....Petitioner
Versus
M/s Imperial Gardens Pvt. Ltd., Mohali & others
....Respondents
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present:Mr. Gurpreet Singh, Advocate for the petitioner.
RAKESH KUMAR GARG, J (ORAL)
This is landlord's revision petition challenging the part of the order dated 24th May, 2013, whereby, even after proceeding ex-parte against the tenant-respondents, the landlord has been further directed to serve the respondents by way of ordinary process and the order dated 08.07.2013, whereby, in spite of the fact that the counsel who was earlier representing all the respondents had already appeared, still the case has been kept for service upon respondent No.3.
After going through the submissions made and the impugned order, this Court is of the view that once the Court has noticed the fact that the respondents have been served through 'munadi' and affixation, there was no reason for serving the respondents again.
In this view of the matter, this petition is disposed of with a direction to the Rent Controller, Dera Bassi to pass an appropriate order on 16.08.2013.
(RAKESH KUMAR GARG) JUDGE
August 12, 2013 savita
Kadian Savita 2013.08.14 12:25 I attest to the accuracy and integrity of this document High Court Chandigarh
Kadian Savita 2013.08.14 12:25 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the Respondent-Landlord applying revision must again serve the tenant-Respondents via ordinary process after service was effected through munadi and affixation.
J.P. Singla
M/s Imperial Gardens Pvt. Ltd.
Rakesh Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
