Research › Search › Judgment

Himachal Pradesh High Court · body

2021 DIGILAW 609 (HP)

Sameer Singh v. Dinesh Bindal

2021-08-27

VIVEK SINGH THAKUR

body2021
ORDER : Vivek Singh Thakur, J. 1. In sequel to order dated 24.8.2021, learned counsel for the petitioner submits that he has instructions to communicate that petitioner would be contended if he is permitted to join the proceedings before the Rent Controller henceforth, after setting aside the impugned ex-parte order passed against him without restoring the proceedings to the stage when he was proceeded ex-parte. 2. Learned counsel for respondent No. 1 has no objection for allowing the petitioner to join the proceeding henceforth, however, he has submitted that direction be given to learned Rent Controller to decide the rent petition in a time bound manner as it is at final stage of arguments. 3. It is settled that a party, who has been proceeded ex-parte, has a right to join proceedings at later stage any time if the said party does not press for restoring of the proceedings to its original position/stage when such party was proceeded ex-parte. In case of prayer to restore the stage of date of proceeding ex-parte, such party has to establish sufficient cause with satisfactory explanation for absence and exercise of due diligence and caution on its part in pursuing the cause which is missing in present case. Joining at later stage at any point does not revive the right of such party which stands extinguished for absence without good cause. 4. In view of above, petition is disposed of by allowing the petitioner to join the proceeding before Rent Controller in Rent Petition No. 22/2 of 2014, titled Dinesh Bindal Vs. Raj Kumar and others henceforth from the stage where it is. It is informed that petition is at arguments stage. 5. Needless to say that keeping in view the fact that petition is pending since 2014 and it is at the stage of arguments, it is expected from the Rent Controller to make all endeavours to decide it as expeditiously as possible, preferably by 30.11.2021, for seniority of the petition. 6. Parties are directed to appear before learned Rent Controller, Shimla (Senior Civil Judge Shimla) on 15th September, 2021, the date already fixed by the said Court. No fresh notice shall be issued to the parties by the learned Rent controller and for absence of party(ies), matter shall not be adjourned. Petition stands disposed of in aforesaid terms, so also pending applications, if any. Interim shall stand vacated. No fresh notice shall be issued to the parties by the learned Rent controller and for absence of party(ies), matter shall not be adjourned. Petition stands disposed of in aforesaid terms, so also pending applications, if any. Interim shall stand vacated. Record be sent back immediately.