Section 13 -- Code of Civil Procedure, 1908 (V of 1908), Order 6 Rule 17, Order 14 Rule 5, Order 41 Rule 25 -- Additional issue – Disputing Landlord’ ownership -- Rent Controller declined the tenants’ application to raise additional issues disputing ownership of the landlord -- Subsequently, by two orders, the tenants were again not permitted to amend their written statement to dispute the ownership -- Said orders have attained finality – No occasion for the tenants to agitate the issue again before High Court – It is an abuse of the process of law – Orders were passed by the Rent Controller based upon the reasoning given in the orders, declined to frame the Issues -- It cannot by any stretch of imagination, therefore, be said that the Controller has “omitted to frame or try any issue, or to determine any question of fact” -- Therefore, provisions of Order XLI Rule 25 CPC are not applicable – Held, tenants could not invoke by filing the application, beseeching the Appellate Authority to frame additional issues disputing ownership of the landlord and refer the same to the Rent Controller for recording evidence thereupon -- Nor could the tenant file the other application Order XIV Rule 5 CPC for framing of issues -- Revision dismissed with costs of Rs.50,000/-.
(P&H HC) Reserved on: 21.10.2022 Decided on: 31.10.2022
