CR No.4837 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.4837 of 2009 (O&M) DATE OF DECISION: 26.10.2009 **** Smt. Ramkishori and others . . . . Petitioners VS. Satya Parkash and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Kulbhushan Sharma, Advocate for the petitioners Mr. Sanjay Mittal, Advocate for the respondents **** SURYA KANT J.(ORAL) (1). This revision petition is filed by four Legal Representatives of the deceased-tenant (Sri Ram), who were impleaded as party respondents No.1(i), 1(iii), 1(v) and 1(vi) before the Rent Controller, Rewari and are aggrieved at the impugned order dated 20.08.2009, whereby, their defence has been struck off on the ground that they fail to file the reply within the stipulated period of 90 days. (2). The petitioners’ grievance is two-fold. Firstly, it is argued that the case was fixed for completion of service of the unserved respondents and not for filing of the written statement; and secondly, petitioner No.1, namely, Smt. Ramkishori was not ever served before the Rent Controller, till the passing of the impugned order. CR No.4837 of 2009 - 2 - (3). Notice of motion was issued and pursuant thereto, counsel for the parties have been heard. (4). In my considered view, the defence of the petitioner No.1 could not have been struck off by the Rent Controller, Rewari as she was not served at all. Similarly, it will be in the interest of justice to grant one more and last opportunity to the other petitioners to file their written statement/reply. (5). For the reasons aforestated, the revision petition is allowed; the impugned order dated 20.08.2009, qua the petitioners, is set aside and the Rent Controller, Rewari is directed to grant one more opportunity to the petitioners to file a joint written statement on their behalf. The reply/written statement shall be filed on the next date of hearing fixed by the Rent Controller. (6). Dasti. (SURYA KANT) JUDGE 26.10.2009 vishal shonkar