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1999 Supreme(Del) 631

VIJENDER JAIN, VUENDER JAIN
JAI KISHAN KHANNA – Appellant
Versus
MELA RAM PROPERTIES PRIVATE LIMITED – Respondent


Advocates Appeared:
G.L.RAVAL, Harish Malhotra, P.K.RAVAL

Vijender Jain, J.

( 1 ) AN application for amendment under Order 6 Rule 17 Civil Procedure Code was filed by the petitioner before the Additional Rent Controller which was allowed by the Additional Rent Controller. Aggrieved by the decision of the Additional Rent Controller, the landlord filed an appeal before the Rent Control Tribunal which reversed the finding of the Additional Rent Controller and rejected the amendment of the petitioner. Mr. Rawal, learned counsel for the petitioner has contended that the appeal itself under Section 38 of the Delhi Rent Control Act was not maintainable in view of the fact that allowing of amendment is not an appealable order and on this short ground alone this petition. under Article 227 of the Constitution be allowed, quashing the order of the Rent Control Tribunal. In support of his submission, learned counsel for the petitioner has cited Smt. Bhagwati Dcvi and Ors. Vs. Haji S. M. Sayeed 1979 (2) RCR 142 and has contended that generally no appeal lie against an order made under Order 6 Rule 17 of the Code of Civil Procedure. Counsel for the petitioner also cited Shri Sita Ram Talwar Vs. Shri Jai Deva Sharma 1973 0 RCR 417 in support of his arg









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