JAIPAL SINGH Vs. SUDHA RANI

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari for setting aside the combined orders dated 23.05.2017, passed by I Addl. District Judge, Rishikesh, District Dehradun in Rent Control Appeal no. 08 of 2016, Jaipal Singh vs Smt. Sudha Rani, whereby the applications for inspection through Commission has been rejected.

(2.) Petitioner is the tenant / appellant, who having lost before the Prescribed Authority, filed rent control appeal before the Appellate Authority. Rent Control Appeal is pending adjudication before learned Addl. District Judge, Rishikesh, Dehradun. An application under Order 26 Rule 9 CPC was moved before the Prescribed Authority, which was rejected. P.A. case was finally decided against the petitioner. In appeal also, the appellant-petitioner moved an application for spot inspection by an Advocate Commissioner, which application was rejected by the Appellate Authority holding that the order passed by the Prescribed Authority on 08.10.2015 has since attained finality, therefore, no further application, in this regard, can be maintained.

(3.) Learned counsel for the petitioner confined his prayer only to the extent that the Appellate Authority be directed to decide such an application for issuance of Advocate Commissioner on merits, holding that the same is maintainable before the said authority.