DHIREN KIRI Vs. SURAJ BALRAM SAWHNEY AND SONS

JUDGEMENT

(1.) What is the meaning of "procedure"? Is Order XXX rule-I Civil Procedure Code "procedure" or substantive law ? The question arises in this way.

(2.) The petitioner Dr. Dhiren Kiri is a tenant of the respondent firm registered under the Indian Partnership Act named M/s Suraj Balra Sawhney and Sons. The firm filed an application for eviction of the petitioner from the premises under the proviso to section l4 of the Delhi Rent Control Act, 1958 (hereinafter cled 'the Act) Section 37(2) ofthe Act requires the Controller to follow as far as may be, the practice and procedure of a Court of Small Causos in holding the enquiry under the Act. This procedure is followed by,the Controller - under the Act unless the Act provides differently. As the Act is silent as to how a petition under section 14 should be filed by a partnership film, the petition for eviction was filed in .accordance with the provisions of Order XXX of the Code of Civil Procedure. Order XXX rule 1(1) expressly enables two or more partners of a firm to. sue or be sued in the name ofthe firm. Under Order XXX ruli 1(2) a petition could be signed and verified by any one of such partners. Underrule 2(1) there of, the defendant (petitioner herein) desired that the names of the partners be disclosed and this has been done before the Controller by the landlord, namely the firm in whose name the petition is signed by one of its partners, namely, Suraj Balram Sawhney. The tenant was, hewever,not satisfied with this disclosure. Hemade anpplication under Order I rulel 1O read with Order VII rule ll and section 151 Civil Procedure Code submitting that a petition in the name the partnership firm signed and verified by only one of its partners was not maintainable for the following reasons, namely :-

(3.) Since the petition is confined to challenging the legality of the order of the Controller, no ground which was not urged before the Controller and which is not, therefore, discussed in the impugned order can be considered by me in disposing of this petition. The main questions for decision, therefore, are :-