BEHARI LAL Vs. MANGAT RAM KOHLI

JUDGEMENT

(1.) This is a landlord's second appeal against the concurrent decisions of the Courts below dismissing a part of his suit for recovery of arrears of rent. The facts are these. The plaintiff-appellant Behari Lal filed an application under Section 7B of the U. P. (Temporary) Control of Rent and Eviction Act before the Munsif Dehra Dun for the ejectment of the defendant respondent Mangat Ram, his tenant, for non-payment of arrears of rent. The respondent filed an objection after depositing in Court the amount claimed in the notice. Thereupon the application was treated as a plaint and the necessary Court-fee was paid. The proceedings were treated as a suit and 5-7-1951 was fixed for the final hearing. On that date the plaintiff was absent but the defendant was present when the suit was called up. As the defendant had not admitted the claim, the trial Court dismissed the suit under Order 9, Rule 8, C. P. C.

(2.) Instead of filing an application under Order 9, Rule 9, C. P. C. for the setting aside of the dismissal order, the plaintiff filed a fresh suit in which he claimed, in addition to the rent already claimed in the dismissed suit, additional rent which had meanwhile accrued. The trial Court rejected the claim in respect of which the earlier suit had been dismissed for default but decreed the rest. The plaintiff appealed against the part of the decree dismissing his suit but the learned Additional Civil Judge, Dehra Dun confirmed the view of the trial Court. He has now come to this Court in second appeal.

(3.) Only one point was urged before me--namely, that the trial Court did not have a power of dismissal under Order 9, Rule 8, C. P. C. which an ordinary Civil Court enjoys. Learned counsel for the appellant contended that the Munsif while trying a suit arising out of an application under Section 7B which has been converted into a plaint does not function as a Civil Court but as a special tribunal. Therefore, the provisions of Civil P. C. particularly Order 9, Rules 8 and 9, do not apply.