HARSHAN SINGH BAMRAH Vs. KAWALJIT SINGH

JUDGEMENT

(1.) The instant civil revision has been filed seeking to set aside the impugned order dated 25.05.2018 (Annexure P-2) passed by the Court of Civil Judge, Jr. Division, Amritsar whereby the respondent has been granted time to file application for leave to defend.

(2.) The brief facts of the case are that the petitioner-Harshan Singh Bamrah, who is an NRI and a permanent citizen of United Kingdom is the landlord of the property in India as described in the plaint. The petitioner filed a petition under Section 24 of the Punjab Rent Act, 1985 seeking the eviction of the respondent from the demised premises. Notice in the aforesaid petition was issued under Section 38(5) of the Punjab Rent Act, 1985 on 22.08.2017 for 18.09.2017. The respondent appeared on 18.09.2017 and the case was adjourned to 12.10.2017 for filing written reply and permission for contesting the application/leave to defend. On 12.10.2017 the respondent filed an application under Order 7 Rule 14 CPC for dismissal of the application, but did not file an affidavit in compliance of provision seeking leave to defend. The Civil Judge (Jr. Division), Amritsar vide order dated 25.05.2018 held that the respondent was supposed to file an application for leave to defend, but he was issued ordinary summons. Therefore, the court gave a chance to the respondent to file leave to defend , holding that the summons were to be issued on prescribed proforma, which was an inadvertent mistake done by the court staff.

(3.) The petitioner has challenged the aforesaid order dated 25.05.2018 through the present civil revision petition.