SHANTI KUMAR Vs. BHAGWANI DEVI HOSPITAL

JUDGEMENT

(1.) THIS revision petition has been filed under Section 115, C.P.C. against the order of the learned Civil Judge, Rajgarh (Churu) dated August 05, 1993 by which he has rejected the defendant -petitioner's application moved under Order 13 Rule 2, C.P.C. for taking on record the appointment order dated 01.10.74 issued in favour of his wife Dr. Vimla Kanta Verma by the plaintiff -non -petitioner. The facts of the case giving rise to this revision petition may be summarised thus.

(2.) BY order dated 25.04.72, the defendant -petitioner was appointed as the Surgeon and Chief Medical Officer on a total consolidated salary of Rs. 1,200/ - per month in the plaintiff hospital by its Secretary. After about 3 1/2 years of his appointment, the defendant -petitioner Dr. Shanti Kumar was given the disputed house on consessional monthly rent of Rs. 100/ - by the plaintiff -non -petitioner. He left the services of the plaintiff -non -petitioner hospital in the year 1980 or so. In the year 1981, the suit for recovery of arrears of rent, mesne profits and -ejectment was filed by the plaintiff -hospital against the defendant -petitioner. His defence is that the disputed house was not let out to him by the plaintiff hospital but he has taken it on rent of Rs. 100/ - p.m. from one Bhagwani Devi and if the plaintiff hospital would have let out the disputed house, no rent would have been charged.

(3.) LEARNED Counsel for the defendant -petitioner placed great reliance on para No. 7 of the said appointment letter to show that if the disputed house would have been let out by the plaintiff -hospital it would not have charged and rent. He further contended that the defendant's evidence has not as yet commenced and as such it cannot be said that there has been a great delay in moving the said application.