Punjab-Haryana High Court
Rajinder Walia vs Behari Lal Charitable Trust on 26 July, 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R. No. 1756 of 2011
Date of Decision: 26.07.2012
Rajinder Walia
........Petitioner
Versus
Behari Lal Charitable Trust
.......Respondent
CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
Present: - Mr. S.S. Brar, Advocate
for the petitioner
Mr. Sanjay Jain, Advocate
for the respondent
AJAY TEWARI, J.(ORAL)
The present petition has been filed against order of the Appellate Authority dismissing an appeal against order dated 4.3.2009 vide which application for setting aside ex-parte order dated 1.12.1994 and ex- parte eviction order dated 31.7.1996 was dismissed on account of non- maintainability.
As regards the maintainability of the appeal, learned appellate Court has relied upon judgment passed by this Court in Daya Chand Hardayal vs. Bir Chand, reported in 1987(1) RCR 306(FB) and Sarwan Singh vs. Ashwani Kumar, reported in 2007(1) CCC 16 wherein this Court has held that an appeal against an order refusing to set aside ex- parte order is not maintainable under Haryana Urban (Control of Rent and Eviction) Act, 1973.
Learned counsel for the petitioner is not in a position to cite any contrary judgment.
Resultantly, no fault can be found with the order of the Courts below. Consequently the revision petition is dismissed.
(AJAY TEWARI) 26.07.2012 JUDGE reena