AN APPOINTMENT ORDER ISSUED IN FAVOUR OF A THIRD PARTY IS NOT RELEVANT TO A SUIT FOR RECOVERY OF ARREARS OF RENT, MESNE PROFITS AND EJECTMENT.

1. - This revision petition has been filed under Section 115, Civil Procedure Code against the order of the learned Civil Judge, Rajgarh (Churu) dated August 5, 1993 by which he has rejected the defendant-petitioner's application moved under Order 13, Rule 2, Civil Procedure Code for taking on record the appointment order dated 1.10.74 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 25.4.72, 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 31/2 years of his appointment, the defendant-petitioner Dr. Shanti Kumar was given the disputed house on concessional 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. On 27.7.93, the defendant moved an application to take on record the appointment letter dated 1.10.74 of Dr. (Miss) Vimla Kanta Verma who subsequently became his wife issued by the plaintiff-hospital. It was seriously opposed by the plaintiff. After hearing learned counsel for the parties, the learned trial Court dismissed the application on two grounds, namely, (i) Great delay and (ii) Irrelevant.

4. 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 any 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.

5. In reply, it has been contended by learned counsel for the plaintiff-non- petitioner that the document has no relevance in the suit, it has been sought to be taken on record after 12 years and learned trial Court has rightly refused to take it on record. He further contended that the defendant has put obstacles repeatedly during the trial of the suit, many frivolous applications were filed and objections were raised including an objection that the plaintiff should be required to pay court-fee on the market value of the disputed property as the suit is in between the licensor and licensee. He also contended that the trial Court may be directed to expeditiously decide the suit as the disputed house is urgently required by the plaintiff hospital. He lastly contended that the trial Court may also be directed to award mesne profits keeping in view the market value which the defendant-petitioner has himself put in his objection relating to the payment of court-fee. During the arguments, he placed before the Court certified copies of the various order- sheets.

6. The appointment letter dated 25.4.72 issued by the plaintiff in favour of the defendant-petitioner runs as under :

''To

Dr. Shanti Kumar, MBBS, MS.,

Sadulpur (Distt. Charu).

Sir,

With reference to your application dated 24th instant and the personal discussions held with you, I have to inform you that your application has been favourably considered and you are hereby appointed as Surgeon and Chief Medical Officer in this Hospital on a total consolidated salary of Rs. 1,200.00 (Rupee one thousand two hundred) only per month. Please let me know your acceptance to this letter of appointment and join your duties at the earliest, preferably by 10th May, 1972.

Thanking you.

Yours faithfully,

Sd/- SECRETA