HARBHAJAN SINGH Vs. TEJ KAUR

JUDGEMENT

(1.) This is a revision petition against the order of the Rent Controller (Sub Judge 1st Class), Amritsar, dated May 19, 1976, by which the evidence of the present petitioner was closed.

(2.) The facts in brief are that an application for ejectment from the premises in dispute was filed by Respondent No. 1 against in present petitioner and seven others on February 29, 1972. Six of the respondent-tenants were served and the remaining two, including the present petitioner, did not appear in spite of service ex-parte proceedings were ordered against them on July 27, 1972. In the ejectment petition evidence of both the parties was recorded. On April 23, 1976, the present petitioner moved an application for setting aide the order against him and another for being proceeded against ex-parte. On of the grounds in this application was that he had not been served and that be had no knowledge regarding the passing of the order for ex parte proceedings against them. On April 27, 1976, the case was fired for May 5, 1976, to produce the evidence of the applicant (now petitioner). Process fee and diet money were deposited for four witnesses on April 29, 1976. On May 5, 1976, none of the witnesses appeared nor was any witness served. The case was then adjourned to May 19, 1976, for which the applicant petitioner was ordered to produce his witnesses and to get them served. On May 19, 1976, two witnesses of the petitioner were examined. As the remaining two witnesses did not appear nor were they served nor was any process taken for their service, the evidence was closed. In view of the fact that the petitioner did not make any attempt to take the process from the court as ordered, the impugned order does not suffer from any infirmity. However, in the interest of justice, one more opportunity is given to the applicant to produce his evidence. The parties are directed to appear in the court of the Rent Controller on July 27, 1976. On this date the case will be adjourned to August 12, 1976, for the production of the remaining two witnesses of the petitioner, besides the statement of the petitioner, if he likes to be examined. The petitioner will be allowed to take the process within two days, but it will be the responsibility of the petitioner to get the witnesses served and to produce them, irrespective of the fact whether they are served or not, on the next date i.e. August 12, 1976. If the petitioner does not produce his evidence on August 12, 1976, he will not be entitled to any further opportunity. With these directions this revision petition is accepted with no order as to cots. A copy of this order be sent to the Court of the Rent Controller concerned immediately. Petition allowed.