IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1822 of 2010 Date of decision: 7th December, 2010 Satish Kumar and another … Petitioners Versus Nanu Ram Jain Charitable Trust, Jind and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.K. Gupta, Advocate for the petitioners. Mr. Harish Bhardwaj, Advocate for Mr. Ajay Kumar Kansal, Advocate for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Tenant-petitioners were proceeded against ex-parte and their eviction was ordered by the Rent Controller, Jind vide order dated 13th September, 2008 (Annexure P-1). This order was challenged by the petitioners by filing an application under Order 9 Rule 13 CPC, wherein they prayed that the ex-parte ejectment order be set aside. The application so filed was dismissed vide impugned order dated 4th March, 2010. Admittedly, the order of rejection of the application under Order 9 Rule 13 CPC is appealable under Order 43 Rule 1(d) CPC. Counsel for the petitioners states that the provisions of CPC are not strictly applicable, therefore, he can bypass the remedy of appeal and directly approach to this Court. It is true that the Rent Controller can device his own procedure and the provisions of CPC are not strictly applicable, but once an application has been filed under Order 9 Rule 13 CPC, the petitioners Civil Revision No.1822 of 2010 cannot state later-on that they will not avail the remedy of appeal. The very fact that the application was filed under the provisions of CPC and was entertained by the Rent Controller, binds the petitioners to seek the relief under the provisions of CPC. At this stage, counsel for the petitioners states that under the wrong notion of law, he had approached a wrong forum, therefore, the delay in approaching the appellate authority be condoned. Counsel for the respondents has no objection thereto. Accordingly, it is directed that in case petitioners file an appeal within one month from today, the same shall be considered by the appellate authority on merits. Till filing of the appeal, the petitioners shall not be dispossessed from the demised premises. However, the appellate authority may consider the prayer of interim relief as and when the appeal is instituted. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE December 7, 2010 rps 2