GURDEEP KAUR Vs. VINOD KUMAR LAMBA

JUDGEMENT

(1.) PRITAM Singh, whose where-abouts were unknown, was proceeded against ex-parte after making some attempts to serve him at his residential address, House No. 1678, Sector 22-B, Chandigarh. The petition moved by the respondent-landlord, Vinod Kumar Lamba was with a view to seek eviction of the tenant, Pritam Singh from the premises in which he was inducted as tenant through a lease deed dated November 20, 1986 in S. C. F. 10, Sector 22-D Chandigarh. The wife of the tenant, Pritam Singh filed two applications, one for setting aside ex-parte proceedings against her husband Pritam Singh and the other from impleading her as a party-respondent in the petition for eviction. The learned Rent Controller after getting reply of both the applications from the respondent-landlord dismissed the same primarily on the ground that Gurdeep Kaur, wife of tenant had no locus standi to move the applications, referred to above as she had no authority on the basis of which she could file applications on behalf of the tenant. It was held that she was not authorised by the respondent to file any application on his behalf and she was also not attorney of the respondent. Having found so, the grounds on which Gurdeep Kaur had prayed for setting aside the ex-parte proceedings, were not gone into at all. On the parity of same reasoning, application under Order 1 Rule 10 of the Code of Civil Procedure was also dismissed.

(2.) PETITIONER, Gurdeep Kaur takes exception to the order vide which ex-parte proceedings were ordered against her husband, Pritam Singh as also the order declining to implead her as a party and setting aside the aforesaid order of ex-parte proceedings vide this civil revision No. 1172 of 1992.

(3.) THIS revision petition came up for motion hearing on April 9, 1992 and was adjourned to April 21, 1992. However, it appears that the matter was taken up on April 10, 1992 before the date fixed by this Court and notice of motion was issued for May 7, 1992. Passing of the final order was also stayed till further orders