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1993 Supreme(Raj) 698

M.C.JAIN
Dr. Shanti Kumar – Appellant
Versus
Bhagwani Devi Hospital, Rajgarh – Respondent


Advocates:
For the Petitioner:Ravi Bhansali, Advocate.
For the Respondent: Dinesh Maheshwari, Adv.

JUDGMENT

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





















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