Bhanwar Lal vs Ogad Ram - 2021 Supreme(Raj) 1934

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2021 Supreme(Raj) 1934

PUSHPENDRA SINGH BHATI
Bhanwar Lal – Appellant
Versus
Ogad Ram – Respondent

Advocates appeared:
Mr. Vasudev Charan, Mr. Gourav Thanvi, Mr. Dinesh Purohit, Mr. Rajendra Mulewa, for the Appellant; Mr. Birbal Ram, for the Respondent.

ORDER

1. These writ petitions have been preferred claiming, in sum and substance, the following reliefs:

' i) by an appropriate writ, order or direction, the impugned order dated 05.02.2019 (Annexure-P/5) passed by the learned Rent Tribunal, Pali rejecting the application under Order 9 Rule 13 CPC and the impugned order dated 10.02.2021 (Annexure-P/7)passed by the learned Appellate Rent Tribunal, Pali dismissing the appeal may kindly be declared illegal and be quashed and set aside.

ii) by an appropriate writ, order or direction, the Application (Annexure-P/3) filed by the petitioner under Order 9 Rule 13 CPC read with Section 151 CPC may kindly be allowed and the ex-parte judgment and decree dated 07.09.2017 (Annexure-P/2) may kindly be set aside.

iii) by an appropriate writ, order or direction the case of the petitioner is writ large to remand back to the matter to the learned Rent Tribunal with the direction to decide afresh on merits in accordance with law after giving opportunity to the petitioner to led evidence and after considering the facts and material available on record."

2. Learned counsel for the petitioner-tenant submits that the respondent-landlord filed an application u

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