HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 5990/2020

Chirongi Lal Yadav Son of Shri Pooranmal Yadav, aged about 56 Years,

R/o Cycle Shop, Deen Dayal Park, Baran, District Baran (Raj.)

----Petitioner

Versus

Ramesh Chand Son of Khoob Chand, aged about 68 Years, Galle-Ki-

Dukan, Deen Dayal Park, Baran (Raj.)

----Respondent

For Petitioner(s)

:

Mr. Sanjay Sharma, Advocate for

Mr. Mukesh Sharma, Advocate through

video-conferencing

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

15/04/2021

Instant writ petition has been filed by the petitioner/non-

applicant challenging the impugned order dated 17.03.2020 passed by

the Rent Tribunal, Baran (for short ‘the learned Tribunal’), in Civil

Miscellaneous Application No.08/2019 (CIS No.28/2019) titled as

Chirongi Lal Yadav Vs. Ramesh Chand, whereby the learned Tribunal

dismissed the application filed by the petitioner under Order 9 Rule 13

read with Section 151 of C.P.C.

Facts of the present case, in brief, are that the plaintiff-

respondent filed an original application for eviction under Sections 6 & 9

of the Rent Control Act before the learned Tribunal. The learned Tribunal

decided Civil Suit No.6/2014 (CIS No.42/2014) ex-parte and passed an

order dated 25.04.2019. The petitioner filed an application under Order

9 Rule 13 readwith Section 151 of C.P.C. for recalling the order dated

(2 of 2)

[CW-5990/2020]

25.04.2019, which was dismissed by the learned Tribunal vide its order

dated 17.03.2020. Hence, this writ petition.

Heard learned counsel appearing for the petitioner and

perused the material made available on record.

In the present case, civil suit instituted by the respondent-

landlord had been decreed ex-parte against the petitioner-tenant.

Aggrieved against the said order, the petitioner-tenant filed an

application under Order 9 Rule 13 read with Section 151 of C.P.C. for

setting aside the ex-parte order, which was dismissed by the learned

Tribunal.

The impugned order dated 17.03.2020 passed by the

learned Rent Tribunal under Order 9 Rule 13 read with Section 151 of

C.P.C. is appealable under Order 43 Rule 1 (d) of C.P.C. and also as per

Section 19 (6) of the Rajasthan Rent Control Act, 2001 - from every

final order passed by the Rent Tribunal, an appeal shall lie to the

Appellate Rent Tribunal. Thus, the impugned order dated 17.03.2020 is

an appealable order.

In view of above, the present writ petition filed by the

petitioner is not maintainable and accordingly dismissed, as not

maintainable.

Pending applications, if any, also stand disposed of.

(CHANDRA KUMAR SONGARA),J

ASHOK/19