HANUMAN PRASAD MISHRA Vs. CHANDRA MOHAN PURSWANI

JUDGEMENT

(1.) Heard Shri Anil Kumar Tewari, learned Senior Advocate assisted by Shri Apoorva Tewari for the petitioner and Shri D.K. Saxena, learned counsel appearing on behalf of the respondent who has filed his Power today.

(2.) This petition has been filed challenging the judgment and order dtd. 2/3/2022 passed by the Additional District Judge, Court No.1, Lucknow, dismissing the Rent Appeal No.6 of 2014 and praying for restoring the same to its original number.

(3.) Learned Senior Counsel has taken this Court through the provision of Rule 22 of the Rules framed under U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to U.P. Act, 1972) and has pointed out Sub Rule (a) of Rule 22 to say that the provisions of Order 41 Rule 17 of the CPC would apply where the appellant fails to appear and the Appeal filed by the appellant should have been dismissed in default and not on merits. Learned Senior counsel has also pointed out the judgment rendered by a Co-ordinate Bench of this Court in Writ-A No.21265 of 2008 (Shashi Bhushan Anand @ Toni & Others Vs. Smt. Ram Devi & Another) decided on 5/8/2014 to buttress his arguments.