H.P.WAKF BOARD Vs. VINOD KUMAR

JUDGEMENT

(1.) This revision petition under Section 83(9) of the Wakf Act, 1995 read with Article 227 of the Constitution of India has been filed by the petitioner Board, against the orders 11.12.2003 and 21.7.2003 passed by the Wakf Tribunal, Dharamshala.

(2.) The facts which are relevant for the decision of the present revision petition, are that the petitioner Board had filed a petition under Section 14 of the H.P. I Urban Rent Control Act, 1987 against Vinod Kumar respondent. The said petition was initially filed before the Rent Controller. However, vide order dated 8.9.2002 the same was returned to the petitioner Board for presentation to the appropriate Court i.e. Wakf Tribunal, keeping in view the provisions of Section 83 of the Wakf act 1995 and keeping in view that Wakf Tribunals had since been constituted in the State of Himachal Pradesh. Thereupon, the petition was presented before the Wakf Tribunal. The said petition was contested by the other side by filing a written reply. Various issues were framed on 5.3.2003 by the Wakf Tribunal, Dharamshala and the case was adjourned to 24.5.2003 by the learned Wakf Tribunal Dharamshala for petitioners evidence. On 24.5.2003 after noticing that no evidence of the petitioner was present, the case was adjourn to 21.7.2003 by the learned Wakf Tribunal, Dharams Tiala for petitioners evidence and it was stated that this was the last opportunity. On 21.7.2003 after noticing that no evidence of the petitioner was present despite last opportunity, the petition was dismissed for non compliance of the previous order.

(3.) Afterthe petition was dismissed vide order dated 21.7.2003 on account of non compliance of the earlier order dated 24.5.2003, the petitioner Board filed application on 19.8.2003, seeking restoration of the case which was dismissed on 21.7.2003. The said application was contested by the respondent by filing a reply. After hearing both sides and perusing the record, the learned Wakf Tribunal dismissed and the said application, vide order dated 11.12.2003, holding that since the petition was dismissed under Order 17 Rule 3 CPC and not under Order 17 Rule 2 CPC the restoration application was not maintainable. Aggrieved against the orders dated 11.12.2003 and 21.7.2003 passed by the Wakf Tribunal, the petitioner Board filed the present revision petition in this court under Section 83(9) of the Wakf Act, 1995 read with Article 227 of the Constitution of India. Since there was delay in filing the revision petition, an application under Section 5 of the Limitation Act, seeking condonation of delay in filing the revision petition against the orders dated 11.12.2003 and 21.7.2003, was filed.