ROBOT ENGINEERING PRIVATE LTD Vs. MAKHAN SINGH

JUDGEMENT

(1.) This is a revision petition against an order dated 7th November, 1981 passed by the Rent Controller, Chandigarh, whereby he closed the defendant-petitioner's evidence under Order 17 Rule 1(3) of the Code of Civil Procedure, as amended by this Court.

(2.) While issuing notice of motion, R. N. Mittal, J. on 25th November, 1981, had observed as follows :

(3.) It is plain that the effort of the petitioner is to produce two receipts which have escaped admittance by the landlord. It seems that the petitioner had taken all possible steps to get either the original receipts on the record or certified copies thereof. In the circumstances, the Rent Controller was not justified to close the evidence of the defendant- petitioner. Thus the impugned order suffers from an impropriety and also a material irregularity. Necessarily, it must be set aside. Though the landlord-respondent has asked for costs for the adjournment, yet these cannot be granted as there is no neglect or contumacy or deliberate failure on the part of the petitioner.