DILBARI Vs. HARBHAGWAN

JUDGEMENT

(1.) This Is a civil revision and has been directed against the order dated 5.3.1983 passed by the Court of Rent Controller, Rohtak who dismissed the petition under Section 13 of Smt. Dilbari against Harbhagwan Dass under Order 9 Rule 8 C.P.C.

(2.) Smt. Dilbari filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973. Notice was given to the respondent Harbhagwan who appeared through his counsel Shri R.S. Ahlawat before the Rent Controller. The proceedings were fixed for 5.3.1983 and the Rent Controller had directed to give direction to the petitioner Dilbari to appear in person on 5.3.1983, when the proceedings were taken up by the Rent Controller, original counsel who was engaged on behalf of Dilbari did not appear. Smt. Dilbari also did not appear. At about 3.30 p.m. the case was called. At that stage, Shri Rishi Parkash Advocate put appearance through memo of appearance on behalf of the petitioner but the learned Rent Controller did not recognize the presence of Shri Rishi Parkash and dismissed the petition by stating as follows:-

(3.) Aggrieved by the order dated 5.3.1983, the present petition.