JAIPAL SINGH SIBIA Vs. ASHWANI KUMAR BANSAL

JUDGEMENT

(1.) This is an application under Sections 152, 153 read with Section 151 C.P.C. It is stated in the application that the petitioner had filed Civil Revision No. 5945 of 1999, seeking therein setting aside of the order dated 12-11-1999, wherein the evidence of the revision-Petitioner had been closed by the Rent Controller. In support of the aforesaid revision, an affidavit was also filed. According to the applicant, due to the mistake of the stenographer the title of the revision petition was styled as follows :-

(2.) The affidavit in support of this petition is ostensibly filed by Jagjit Singh Sibia. Signatory of this affidavit, however, is Jaipal Singh Sibia. This affidavit is dated 29-11-1999. The power of attorney in support of the revision petition is in the name of Jaipal Singh Sibia and is also signed by Jaipal Singh Sibia. It is stated that the Stenographer mechanically typed the names of both the parties i.e. Jagjit Singh Sibia and Jaipal Singh Sibia in the tile of the Revision Petition. The confusion arose, submits the learned counsel, because both Jagjit Singh Sibia and Jaipal Singh Sibia were respondents before the Rent Controller. In routine the stenographer printed the names of both the respondents as Revision petitioners. Otherwise, according to the applicants, Jagjit Singh Sibia had no occasion to file the revision petition as he had not even been served. The revision petition was decided by this Court on 9-12-1999. The order closing the evidence was set aside. The present application has been necessitated as one of the respondents in the present applications i.e. the landlords - Ashwani Bansal has lodged a complaint under Section 156 of the Code of Criminal Procedure on the basis of which an FIR has been registered against the applicant-petitioner in the police station North. The applicants have associated with the police investigation. Report was filed by the police that no offence has been made out. However, the respondents have subsequently made the request for re-investigation of the case.

(3.) Reply has been filed to this application. It has been stated that petitioner No. 1 Jagjit Singh Sibia is the father of petitioner No. 2 Jaipal Singh Sibia. Both are living in the same house and are having one common kitchen. Premises were taken on rent jointly. The landlord had filed an eviction petition on the ground of non-payment of rent and change of user. Order of eviction was passed on 29-4-2000. Thereafter, Jagjit Singh Sibia filed an application under Order 9, Rule 13 C.P.C. on 17-7-2000 on the ground that he was not aware of the petition and he was not served. He took a stand that he only came to know on 6-6-2000 when the police came to arrest him in FIR No. 233 of 17-5-2000. This FIR, however related to a lease deed which was stated to have been forged. The application for setting aside the ex parte order has been dismissed by the Rent Controller on 28-1-2002. Now in order to get out from the aforesaid order, the present application has been filed for correcting the title of the Civil Revision No. 5945 of 1999 and the affidavit dated 29-11-1999.