S HARDIT SINGH OBRA Vs. SUMER CHAND

JUDGEMENT

(1.) This second appeal is directed against the judgment dated the 13th October, 1972, passed by Shri Gian Chand Jain, Rent Control Tribunal, Delhi, (herein to be 'called the Tribunal') whereby he dismissed the appeal filed by the appellant against the order dated 5th September, 1972, passed by Shri V.S. Aggarwal, Additional Rent Controller, Delhi, (herein to be called 'the Controller') by which the Controller dismissed the application of the appellant under Order 6, Rule 17 of the Code of Civil Procedure, seeking permission to amend the written statement on the ground that the appeal was not maintainable against the order of the Controller.

(2.) The appellant along with the appeal filed an application (C.M. No. 1097 of 1972) under Order 41 Rule 5, C.P.C. with the request that proceedings in the trial Court be stayed pending disposal of the appeal. Notice of the stay application was given to the respondent and the learned counsel for the parties agreed that disposal of the said application would virtually result in disposing of the appeal itself. The learned counsel for the parties, therefore, agreed that the stay application and the appeal be heard together and disposed of by a common judgment.

(3.) The short question involved in this appeal is whether an appeal is maintainable, under Section 38 of the Delhi Rent Control Act, 1958 (herein to be called 'the Act') against the orders of the Controller whereby the Controller had either allowed or disallowed an application under Order 6, Rule 17 of the C.P.C. seeking permission to amend the pleading.