IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.304 of 2010 (M/S) Hansraj ..… Petitioner Versus Rakesh Kapil ….. Respondent Mr. Siddhartha Sah, Advocate for the petitioner Mr. Devesh Upreti, Advocate holding brief of Mr. M.C. Pandey, Advocate for the respondent Hon’ble B.S. Verma, J. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the order dated 20.2.2010 passed by Civil Judge (S.D.), Nainital in Rent Control Case No.14/2008, Rakesh Kapil v. Hansraj, whereby the preliminary objection (Paper No.23C) to reject the release application was disposed of with the direction to comply the provisions of Order VI Rule 15 CPC. Learned counsel appearing for the petitioner/tenant has vehemently contended that the provision of Rule 15 (2) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, (for short, Rules) is mandatory in nature. Rule 15(2) of the Rules reads as under:- “(2) The application or its reply shall be signed and verified in the manner prescribed under Rules 14 and 15 of Order VI of the first Schedule to the Code of Civil Procedure, 1908. If there are more than one landlords, the application shall be signed by all the co- landlords.” Heard learned counsel for the parties and perused the order impugned. The learned Civil Judge (S.D.) has held that the provision of Order VI Rule14 has been complied with but the provision of Order VI Rule 15 pertaining to verification part has not been complied with and on the basis of non-compliance of Order VI Rule 15 the application could not be rejected. Learned Judge has also held that the defect is curable. The verification part of the application is a curable defect and in my view the learned trial court has rightly directed the applicant to cure the defect. The impugned order does not suffer from any perversity or illegality. The writ petition, being devoid of merit, is dismissed. However, it is directed that the respondent shall comply the order of the trial court, if not complied so far, within a period of seven days from today. Certified copy of this order be issued to learned counsel for parties on payment of usual charges by tomorrow. (B.S. Verma, J.) 22.2.2011 RG