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2019 Supreme(P&H) 3051

RAMENDRA JAIN
Renu And Ors. – Appellant
Versus
Lajpat Rai Gupta And Ors. – Respondent


Advocates Appeared:
Sanjay Vij, for the Appellant; Sudhir Aggarwal, for the Respondent

JUDGMENT

Ramendra Jain, J. - Through this revision under Article 227 of the Constitution of India, petitioners have laid challenge to order dated 04.12.2017 (Annexure P-1) of the Rent Controller, dismissing their application under Order 1 Rule 10 of the Code of Civil Procedure to implead them as party.

2. Briefly, father of respondent No. 1, namely, Ram Kanwar Aggarwal, rented out demised shop to deceased father of the petitioners, namely, Ram Mehar, who died on 23.10.2007 leaving behind four daughters and two sons. In the year 2013, respondent No. 1-landlord filed eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against respondent No. 2 being successor of original tenant Ram Mehar and in exclusive possession of the demised shop, who after notice filed written statement on 09.05.2014.

3. From the pleadings of the parties, Rent Controller framed necessary issues.

4. Respondent No. 1 concluded his evidence in affirmative. While it was turn of respondent No. 2 to lead evidence in affirmative, petitioners in the year 2017, after four years of the filing of eviction petition against their brother, moved application under Order 1 Rule 10 CPC to

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