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Aditya Kumar Jain v. Gopi Chand And Others - WRIT - A No. - 49595 of 2007 [2007] RD-AH 16414 (8 October 2007)

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Court No.07

Civil Misc. Writ Petition No.49595 of 2007

Aditya Kumar Jain Vs. Gopi Chand and others

Hon'ble S.U. Khan, J.

Heard Sri N.K. Sharma, learned counsel for the tenant petitioner and Miss. Suman Sirohi, learned counsel for the contesting respondents landlords.

Petitioner is tenant opposite party in P.A. Case No.47 of 2006 pending before the Prescribed Authority/ Civil Judge (Senior Division), Kerana, District Mirzaffar Nagar. The said case has been instituted by landlords respondents under Section 21 of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972. Petitioner appeared in the case on 30.10.2006 and filed an application for interrogatories under O-11 R-1, C.P.C. Thereafter, on 13.09.2007, petitioner filed written statement. By the impugned order dated 20.09.2007, petitioner's application for serving interrogatories was dismissed and petitioner's written statement was struck off and it was directed that the case should proceed ex parte against tenant petitioner.

As far as order rejecting petitioner's application to serve interrogatories is concerned, there is absolutely no fault in the said order and it is affirmed. However, as far as the order striking off the written statement is concerned, it is erroneous in law for the following reasons, hence it is set aside:-

1.Firstly, strict principles of C.P.C. do not apply to release proceedings under Section 21 of the Act.

2.Secondly, even if written statement is not taken on record still tenant cannot be prevented from participating in the proceedings.

3.Thirdly, the Supreme Court has held that in certain circumstances under O-8 R-1, C.P.C., written statement may be taken on record even after 90 days of service of summons on payment of heavy cost.

Accordingly, that part of the impugned order dated 20.09.2007, through which landlord's application No.24-ga was accepted and petitioner tenant's written statement numbered as 32-ga was struck off and the case was directed to proceed against ex parte is set aside. Written statement has already been filed on 13.09.2007, that shall be treated to have been filed properly provided that by 31.10.2007, petitioner deposits Rs.5,000/- as costs for delayed filing of the written statement. The cost shall either be paid to the learned counsel for the landlords or deposited before the court below. In case cost is not deposited by 31.10.2007 before the court below, then this order shall stand automatically vacated.

It is reported that 22.10.2007 is the next date fixed before the Prescribed Authority. The said date shall be adjourned to 31.10.2007. Prescribed Authority is further directed to decide release application very expeditiously preferably within four months from 31.10.2007.

Absolutely, no unnecessary adjournment shall be granted to any of the parties. If Court is inclined to grant any adjournment to any of the parties, then it shall be on very heavy cost, which shall not be less than Rs.500/- per adjournment.

Writ petition is accordingly disposed of.




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