MANAK CHAND Vs. SURESH CHAND JAIN

JUDGEMENT

(1.) THIS revision petition has been filed by the Respondent against the order of the Rent Controller, Hissar, dated January 29, 1979, whereby he rejected the application for striking off the right to prosecute the application for fixation of fair rent by Suresh Chand Jain, Applicant.

(2.) BRIEFLY the facts are that Suresh Chand Jain filed an application for fixation of fair rent, under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, against Manak Chand Respondent. The Rent Controller fixed various dates for the evidence of the Petitioner but he could not lead full evidence. Ultimately October 3, 1978 was fixed for the statement of the Petitioner. On that date he made a request for summoning the additional witnesses. The learned Rent Controller allowed the request subject to payment of Rs. 15 as costs and adjourned the case to November 4, 1978. On that date too the Petitioner did not produce the additional witnesses for he himself appeared in the witness box. He also did not pay the costs awarded on October 3, 1978. On his request the case was again adjourned to November 29, 1978, subject to payment of Rs. 10 as costs. On the adjourned date he again did not pay the costs which were awarded on October 3, 1978 and on November 4, 1978. On December 19, 1978, the Respondent filed an application that the Petitioner had forfeited his right of prosecution of the application for fair rent under Section 35B of the Code of Civil Procedure as he had failed to pay the costs. The Rent Controller dismissed the application. The Respondent has come up in revision petition against that order of the Rent Controller.

(3.) FOR the reasons recorded above, the revision petition fails and the same is dismissed with no order as to costs. The parties through their counsel are directed to appear in the trial Court on April 23, 1979.