GANGA DEVI Vs. PREM KAUR

JUDGEMENT

(1.) By an order dated June 5, 1980, the Rent Controller dismissed the application or the petitioner, vide which the petitioner had prayed that notice he issued to the other legal representatives of the deceased. It is against this order that the present petition has been filed by the respondent petitioner.

(2.) Landlord-respondent filed an application under section 13 of the East Punjab Urban Rent Restriction Act, 1949 against Sulekh Chand, the husband of the present petitioner. During the pendency of the proceedings, Sulekh Chand died. The present petitioner filed an application for bringing her and two of her minor sons on record. To that extent the application was allowed, but her prayer for issuing notice to the other legal representatives was dismissed.

(3.) Mr. Aggarwal, learned counsel for the respondent landlord has raised a preliminary objection that in view of the proviso to section 5 of the Civil Procedure Code, the present petition is not competent. I find merit in this contention. The proviso is in the following terms :-