BHAWANI CHARAN Vs. DAU DAYAL

JUDGEMENT

(1.) The petitioner has approached this Court by invoking the jurisdiction of this Court under Article 227 of the Constitution against an order passed by the Rent Controller. Kullu on 17th May. 2001 rejecting he application made by the petitioner under Order 18. Rule 17 -A of the code of Civil Procedure. 1908 (hereinafter referred to as the Code).

(2.) A rent case was pending before the Rent Controller between the petitioner and the respondent. It appears that one Pavitar Singh appeared as a witness on behalf of the respondent -tenant. He was examined by the respondent and he had deposed something in his examination -in -chief. He was duly cross -examined on behalf of the petitioner -landlord. Evidence on both sides was closed.

(3.) Thereafter, an application was made under Order 18. Rule 17 -A of the Code by the petitioner -landlord on 23rd March. 2001. inter alia, stating therein that the said Pavitar Singh had executed an affidavit on 20th December. 1998. which had been produced in the Court of Senior sub Judge. Kullu in another case titled Ms. Chander Lok Sweet Shop v. Bhawani Dutt. The suit was decided on 30th August. 1999. it was further stated that against the order passed by the Senior Sub Judge. Kullu. an appeal was filed being Appeal No. 104 of 1999. which was pending. In the said affidavit, the version of Pavitar Singh was contrary to and inconsistent with his deposition in the present proceedings. A prayer was. therefore, made that the application be allowed and the affidavit be allowed to be produced on record. The application was strongly opposed by the respondent -tenant by filing objections.