IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No 115 of 2011. Date of decision: 12.5.2011 Khajan Chand ….Petitioner. Versus Onkar Chand ….Respondent. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. Virender Singh Chauhan, Advocate. For the respondent: Mr. Jeevesh Sharma, Advocate Deepak Gupta, J. (Oral) 1. By means of this petition, the petitioner has challenged the order dated 1.3.2011 passed by learned Rent Controller, Theog, District Shimla whereby the defence of the respondent-tenant was struck off. It appears that the learned Rent Controller closed the right of the respondent- tenant to file reply and struck off the defence only on the ground that period of 90 days had expired from the date of his service. 2. The learned Rent Controller lost sight of the fact that only those provisions of the Code of Civil Procedure are applicable to rent proceedings which have been specifically 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. made applicable in the H.P. Urban Rent Control Act alone. Otherwise only the principles of the Code of Civil Procedure are applicable and the maximum time limit fixed for filing the written statement in the Code of Civil Procedure cannot be said to be a principle of the Code of Civil Procedure. On this short ground, the petition will have to be allowed. 3. Therefore, the petition is allowed and the order dated 1.3.2011 passed by learned Rent Controller, Theog is set aside and the respondent-tenant is granted one opportunity to file the written statement. I have been informed at the bar that prior to the stay order granted on 7.4.2011, the landlord had already led some evidence and the tenant has also cross-examined the same. In view of the fact that now the tenant has been permitted to file written statement, in case the landlord wants to examine any other evidence or re-examine any of the witnesses he can do so. Parties are directed to appear before the learned Trial Court on 17.5.2011, the date already fixed. This petition is allowed subject to payment of costs of Rs. 2,000/-. Costs to be paid within one month, failing which the petition shall be deemed to have been dismissed. The petition is disposed of in the aforesaid terms. “Dasti Copy” 12th May, 2011 (Deepak Gupta) (TM/Krn Guleria) Judge