SEHDEV ARYA Vs. SHAM LAL

JUDGEMENT

(1.) This is landlords revision petition challenging the impugned order dated 22.9.2011 of the Rent Controller, Hisar, whereby his evidence has been closed by order of the Court.

(2.) By referring to various zimni orders, learned counsel for the petitioner has submitted before this Court that on many dates, adjournments were not sought on his behalf and thus, he was not at fault. Petitioner cannot be denied his right to lead evidence merely on the basis of technicalities. It has been further submitted before this Court that no prejudice is going to be caused to the respondent-tenant as he is yet to start his evidence. Moreover, the respondent-tenant can be well compensated by way of costs. Learned counsel for the petitioner further undertakes that the petitioner shall produce his entire evidence on one date and shall bring the evidence at his own risk and responsibility.

(3.) It is well settled that provisions of Code of Civil Procedure are hand made for administration of justice. In fact, the petitioner is not going to gain anything by delaying the proceedings before the Rent Controller. Moreover, no prejudice is going to be caused to the respondent as he is yet to start his evidence.