RAJINDER SINGH Vs. RAJESH MADAN

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 18 th December, 2018, passed by the Court of learned Appellate Authority, Fast Track Court, Shimla in Rent Appeal No. 47-?S/14 of 2009, vide which, an application filed by the petitioner under Order 22, Rules 3 & 9 read with Section 151 of the Code of Civil Procedure and Sections 5 and 14 of the Limitation Act, 1963, stands dismissed.

(2.) Brief facts necessary for the adjudication of the present petition are that respondent before this Court filed Rent Petition No. 25-?2 1Whether the reporters of the local papers may be allowed to see the Judgment? of 2006, titled as Shri Rajesh Madan Vs. Smt. Balwant Kaur under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 in the Court of learned Rent Controller, Shimla, which was allowed by the learned Rent Controller vide order dated 02. 07. 2009 in the following terms:

(3.) This order was assailed by Smt. Balwant Kaur by way of Rent Appeal No. 47-?S/14 of 2009 before the learned Appellate Authority. The appeal was dismissed by the learned Appellate Authority, Fast Track Court, Shimla vide judgment dated 24. 02. 2010. The order passed by the learned Rent Controller as well as judgment passed by the learned Appellate Authority were assailed by Shri Rajinder Singh, son of late Shri Gian Singh by way of Revision Petition under Section 24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 before this Court. The stand of the petitioner before this Court, inter alia, was that Smt. Balwant Kaur had died during the pendency of the appeal and as the petitioner and other heirs of late Shri Gian Singh were not aware of the litigation pending between the parties, they could not move an application for bringing them on record in place of late Smt. Balwant Kaur. It was further mentioned in the petition that it was only when the landlord filed an Execution Petition on 13 th July, 2010, in which, the petitioner alongwith other legal heirs of late Shri Gian Singh were alleged to be in occupation of the premises, were made parties, that the petitioner came to know about the pendency of the said petition between Smt. Balwant Kaur and the landlord, upon receipt of notice thereupon. It was further the case of the petitioner before this Court that he was not aware of the order which was passed by the learned Rent Controller and the landlord had intentionally with malafide intention not impleaded him as a party. The Revision Petition was disposed of by this Court vide judgment dated 04. 04. 2018 in the following terms: