MUKUND BALWANT ATHAWALE Vs. PRAKASH PANDURANG DAMLE

JUDGEMENT

(1.) RULE . Respondents waive service. By consent rule heard forthwith.

(2.) BY this petition under Article 227 of the Constitution of India, the Petitioner challenges the order dated 24.7.1997 passed by the Appellate Bench of the Small Causes Court in Appeal No.233 of 1997. That appeal had arisen from an order passed in Notice No.810 of 1995 in RAN Application No.352/SR of 1988 by the Small Causes Court on 12.3.1997.

(3.) RESPONDENT No.1 is the landlord of the building known as Damle Niwas in which there are about 37 tenants. Those tenants had filed an application for fixation of standard rent in the Small Causes Court at Mumbai. In that application, the present Petitioner was named as an Applicant. However, the said application was not signed by him. According to the Petitioner, his name was struck of by the Advocate who was appearing for all the Applicants in that Standard Rent Application No.352/SR of 1988. It is unfortunate that the said Advocate is no more and therefore, it is not possible to know as to for what reason and in what circumstances, the name of the Petitioner was scored out. Some of the tenants were looking after the litigation and were attending the Court. The present petitioner was not aware of the correction or deletion of his name made in the application filed by their Advocate Shri Juvekar, who is unfortunately no more. The said application was dismissed in default and the present Petitioner applied for restoration of the said application. In reply to the said application for restoration, it was contended by Respondent No.1-Landlord that since Petitioner was never a party to the original application, he has filed a false affidavit, which is false to his own knowledge and as such he has abused the process of law. The original application was heard by the learned Judge of the Small Causes Court and by order dated 12.3.1997, the said application came to be dismissed. So far as the present Petitioner is concerned, the material portion is at page 54 of the paper book, which reads as under :