BATA INDIA LIMITED Vs. JAGTAR SINGH

JUDGEMENT

(1.) This revision petition is preferred by the tenant (petitioner herein) against the impugned order dated 07.07.2015 (Annexure P-5) and zimni order of the same date (Annexure P-7) vide which the case has been fixed for rebuttal and arguments.

(2.) At the time of the arguments, the learned counsel for the petitioner-tenant has contended that he does not press this revision, so far as it relates to impugned order (Annexure P-5) dated 07.07.2015, so as such this revision petition to this extent stands disposed of being not pressed.

(3.) So far as the impugned order (Annexure P-7) dated 07.07.2015 is concerned, learned counsel for the petitioner-tenant has contended that this order is not tenable in the eyes of law being against the record of the case. In support of his contention, he has drawn the attention of this Court towards the zimni orders (Annexure P-8) passed by learned Rent Controller in this case. Statement of RW-2 was recorded on 18.02.2015, and on this date an application under Order 6 Rule 17 CPC was filed for amendment of the written statement and the case was adjourned to 04.03.2015 for filing reply to the said application and for remaining RWs, if any. This application remained pending till 07.07.2015 on which date it was disposed of vide order (Annexure P-5). In the impugned zimni order Annexure P7 dated 07.07.2015 it was recorded as under:-