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2017 Supreme(P&H) 306

G.S.SANDHAWALIA
Chhaju Singh Sulekh Ram Family Trust – Appellant
Versus
Baljinder Singh – Respondent


Advocates Appeared:
For the Petitioners: Mr. O.P. Goyal with Ms. Shallie Mahajan.
For the Respondent: Mr. Amit Jain.

JUDGMENT :

G.S. SANDHAWALIA, J.

1. Vide the present judgment, 5 civil revisions, i.e. CR-5284 to 5287-2004 and 132-2005, shall be disposed of, since common questions of law are involved, as to whether the order passed by the Rent Controller, Khanna, dismissing the application for amendment of the ejectment petition and for impleadment of petitioner No. 2, was justified or not. In 3 cases, the orders have been passed on 06.09.2004, by the then Rent Controller, Khanna, Mr. K.K. Goyal, whereas in 2 cases, the orders have been passed on 27.10.2004, by Ms. Priya Sood, another Rent Controller at Khanna. The facts have been taken from CR-5284-2004 titled Chhaju Singh Sulekh Ram Family Trust vs. Baljinder Singh.

2. The primary reasoning which prevailed with both the Rent Controllers was that in view of the amendment of CPC w.e.f. 01.07.2002, the provisions under Order 6 Rule 17 had been made more stringent. Keeping in view the purpose of determining the real question in controversy between the parties, it was held that the petition was initially filed by the Trust on 05.11.1997, through its Managing Trustee, Chhajusing, through general power of attorney-Praveen Kanwal, against which, an objec




















































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