SAMEER SINGH Vs. DINESH BINDAL

JUDGEMENT

(1.) In sequel to order dtd. 24/8/2021, learned counsel for the petitioner submits that he has instructions to communicate that petitioner would be contended if he is permitted to join the proceedings before the Rent Controller henceforth, after setting aside the impugned ex parte order passed against him without restoring the proceedings to the stage when he was proceeded ex parte.

(2.) Learned counsel for respondent No. 1 has no objection for allowing the petitioner to join the proceeding henceforth, however, he has submitted that direction be given to learned Rent Controller to decide the rent petition in a time bound manner as it is at final stage of arguments.

(3.) It is settled that a party, who has been proceeded ex parte, has a right to join proceedings at later stage any time if the said party does not press for restoring of the proceedings to its original position/stage when such party was proceeded ex parte. In case of prayer to restore the stage of date of proceeding ex parte, such party has to establish sufficient cause with satisfactory explanation for absence and exercise of due diligence and caution on its part in pursuing the cause which is missing in present case. Joining at later stage at any point does not revive the right of such party which stands extinguished for absence without good cause.