M.V. Consultancy Pvt Ltd And Anr vs Avtar Singh And Ors
2022 Latest Caselaw 15371 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH


      112                                     CR No.4632 of 2022
                                              Date of decision: 30.11.2022

      M.V. CONSULTANCY PVT. LTD. AND ANR. ..PETITIONERS

                                             Vs.


      AVTAR SINGH AND ORS.                                   ..RESPONDENTS

     CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

      Present: Mr. Karanveer Nanda, Advocate
               for the petitioners.

                Mr. Ramesh Hooda, Advocate
                for the respondents.

                                 ****
    HARKESH MANUJA, J.

By way of present revision petition challenge has been made to

an order dated 19.09.2022 passed by learned Rent Controller, Chandigarh

whereby an application under Order 9 Rule 13 CPC made at the instance of

petitioners-tenants has been declined.

The primary contention raised at the instance of petitioners is

that an application moved at their instance for setting aside of an ex parte

eviction order dated 12.10.2021 passed by Ld. Rent Controller, Chandigarh

has been rejected, without even framing of issues and grant of opportunity to

lead evidence in support thereof. In this regard, learned counsel for the

petitioners places reliance upon judgment rendered in C.R. No.1711 of 2019,

titled as Gurjeet Singh versus Jagtar Singh decided on 10.12.2019.

Though, no notice has been issued in the present revision

petition so far, however, Sh. Ramesh Hooda, Advocate filed his Power of

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Attorney on behalf of respondents and appeared before this Court on

11.11.2022. In response to the contention raised on behalf of petitioners,

Sh. Hooda very fairly states that he would have no objection in case the

matter is remanded back to Rent Controller with a direction to decide the

application under Order 9 Rule 13 CPC, afresh, after framing of issues and

granting opportunity to both the sides so as to lead their evidence thereupon.

Accordingly, the present revision petition is hereby allowed.

The impugned order dated 19.09.2022 is set aside with a request to the

learned Rent Controller so as to frame issues on the application under Order

9 Rule 13 CPC, filed at the instance of petitioners and decide the same

within a period of 2 months from the date of receipt of certified copy of

order passed by this Court after granting two effective opportunities each to

both the sides to prove their respective stands in the application under Order

9 Rule 13 CPC.

Disposed of accordingly.

                                                     (HARKESH MANUJA)
      November 30, 2022                                  JUDGE
      Poonam Sharma


                   Whether speaking/reasoned         :       Yes/No
                   Whether reportable                :       Yes/No




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