Chunni Lal Jaipuria vs Tulla Ram Champa Lal And Ors.
2004 Latest Caselaw 627 Del

ORDER

R.S. Sodhi, J.

1. CRP 541/2001 is directed against the order dated 23rd February, 2001 of the Additional Rent Controller in Eviction Case No. E-177/1995, whereby the learned Additional Rent Controller has allowed the application of the respondent No. 2 herein under Order 9 Rules 7 and 13 of the CPC.

2. It is contended by Counsel for the petitioner that the respondent No. 2, who has been negligent in pursuing the proceedings ought not to be allowed to file written statement and join proceedings. He submits that this would cause prejudice to the petitioner would delay the proceedings.

3. Counsel for the respondent No. 2 on the other hand draws my attention to the order dated 15th May, 2001 wherein he was allowed to participate in the proceedings by putting in his defense legally available to him. Counsel also informs me that the written statement has already been taken on record and the matter is proceeding for trial and is at the evidence stage.

4. Having heard Counsel for the parties and having perused the order under challenge, I am of the view that the Additional Rent Controller has taken into consideration the inordinate delay caused by respondent No. 2 as also his negligent attitude but keeping in view the totality of the circumstances has chosen to allow him to join proceedings. I am satisfied that the order under challenge suffers from no infirmity, perversity, impropriety, illegality or jurisdictional error.

5. CRP 541/2001 is accordingly dismissed. Interim order, if any, stands vacated CM 1166/2001 also stands dismissed. I am given to understand that some costs are lying deposited with the Additional Rent Controller. The same may be drawn by the petitioner.