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Himachal Pradesh High Court

Uttam Chand vs Pradeep Chand Giri & Others on 25 March, 2015

Author: Sureshwar Thakur

Bench: Sureshwar Thakur

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .

CMPMO No. 331 of 2014.

                                                                                 th
                                                       Decided on: 25                 March, 2015.





    Uttam Chand                                                                .....Petitioner.
                                             VERSUS

    Pradeep Chand Giri & others                                                 .....Respondents.





    Coram

The Hon'ble Mr.Justice Sureshwar Thakur, Judge.

Whether approved for reporting?1 For the petitioner : Mr. S.D. Gill, Advocate.

For the Respondents : Nemo.

Sureshwar Thakur, Judge (Oral).

The petitioner herein, respondent before the learned trial Court, was afforded numerous opportunities to adduce evidence in defence, however, all such opportunities remained un- availed. The respondent, on the date fixed by the learned Rent Controller for adducing evidence in defence, moved an application comprised in Annexure P-4, divulging therein the constraints, which precluded him to adduce his evidence. However, given the fact that earlier too, the petitioner herein/respondent, had omitted to avail of Whether the reporters of the local papers may be allowed to see the Judgment? Yes 1 ::: Downloaded on - 15/04/2017 17:52:21 :::HCHP ...2...

opportunities afforded to him by the learned Rent Controller to .

adduce evidence in defence, as such, the averments comprised in Annexure P-4, preferred by the petitioner herein before the learned Rent Controller were discountenanced. However, without delving into the veracity of the constraints, which deterred the petitioner herein to adduce his evidence before the learned Rent Controller, merely for facilitating justice and in the interest of expediency, the petition is allowed and a last opportunity is ordered to be afforded to the petitioner herein by the learned Rent Controller to adduce his evidence, subject to appropriate steps being taken by him to procure his evidence before the learned Rent Controller. The petition is disposed of accordingly, so also the pending application(s), if any.

25th March, 2015. ( Sureshwar Thakur) (jai) Judge.