Himadri Pal vs Rajeev Rawat
2021 Latest Caselaw 8156 MP

HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT
                AT JABALPUR

Civil Revision No.      413/2021
Applicant               Himadri Pal
                               Vs.
                        Rajeev Rawat and another
Bench Constituted       Single Bench
Judgment      delivered HON'BLE        SHRI     JUSTICE         VISHAL
By                      DHAGAT
Whether      approved Yes.
for reporting
Name of counsel for For Applicant : Shri Ankit Saxena, Advocate.
parties
                    For Respondents : Shri R.S. Jaiswal, learned

Senior Counsel with Shri Devashish Mathur, Advocate Law laid down Proviso to Section 23-C of M.P.

Accommodation Control Act, 1961 gives power to Rent Controlling Authority to set aside 'ex-parte order.' Words used in proviso is 'ex-parte order' but not 'ex-parte order of eviction.' Rent Controlling Authority can set aside ex-parte order but not final ex-parte order of eviction. If a final order of eviction has been passed and in case tenant has not obtained permission for leave to defend, then civil revision under Section 23-E of M.P. Accommodation Control Act, 1961 will not be maintainable.

Significant paragraph 6 number

(O R D E R) 03/12/2021

Applicant has filed this revision petition challenging order of

eviction dated 15.09.2021 passed by Rent Controlling Authority-

S.D.O., Kolar, District Bhopal in Case No. 570/B-121/2021-22.

2. At initial stage, counsel appearing for the respondents opposed

civil revision on the ground that civil revision filed by the applicant is

not maintainable. It is submitted that tenant is required to file an

application for leave to defend the case within 15 days from service of

summons. It is submitted that applicant has not filed any application

for permission to defend the case. Since application has not been filed

and order of eviction has been passed in favour of the respondents,

therefore, applicant can no longer file this revision challenging order

passed by Rent Controlling Authority.

3. Counsel appearing for the applicant submitted that as per

provision of Section 23-C of M.P. Accommodation Control Act, 1961,

applicnt can file an application for setting aside the order of eviction

before the Rent Controlling Authority. It is submitted that he may be

permitted to withdraw civil revision with liberty to file an appropriate

application under Section 23-C of M.P. Accommodation Control Act,

1961.

4. Learned Senior Counsel appearing for the respondents submitted

that application under Section 23-C can only be passed for setting aside

the exparte order but not against the order of eviction passed against

the applicant. Therefore, civil revision is not maintainable.

5. Heard the counsel for the parties.

6. On perusing Section 23-C of M.P. Accommodation Control Act,

1961, it is clear that proviso to Section 23 gives power to Rent

Controlling Authority to set aside 'ex-parte order' passed against the

tenant if he has not entered appearance and filed application for leave

to defend. Proviso does not refer to ex-parte order of eviction. Word

eviction cannot be read in Section 23-C of M.P. Accommodation

Control Act, 1961. In view of same, Section 23-C of M.P.

Accommodation Control Act, 1961 will not be applicable when final

order of eviction has been passed.

7. No application for leave to defend is filed by the applicant, which

is essential requirement to contest the case, therefore, civil revision

filed by the applicant is not maintainable.

8. Considering the same, civil revision filed by the applicant is

dismissed.

(VISHAL DHAGAT) JUDGE vkt

Digitally signed by VINOD KUMAR TIWARI Date: 2021.12.07 10:53:27 +05'30'