Code of Civil Procedure, 1908 – Order 11, Rule 14 – Production of Document – Rejection of Application – Intent to delay proceedings – No ingredients as to interfere with the order – Held: In exercise of its powers conferred under Section 115 of the Civil Procedure Code, the High Court interferes with the orders in case the learned Court below has either exercised jurisdiction not vested in it, or has failed to exercise jurisdiction vested in it or has exercised the jurisdiction vested in it with material irregularity.
In the present case, none of the these three ingredients are met so as to interfere with the order so passed by the learned Rent Controller. It is not the case of the petitioner that learned Rent Controller has exercised jurisdiction not vested in it because it is the application of the petitioner which stood adjudicated upon by the learned Rent Controller. Similarly, it cannot be the ground of the petitioner that the learned Rent Controller did not exercise jurisdiction vested in it because the application filed by the petitioner stood adjudicated upon by the learned Rent Controller. As far as the exercise of jurisdiction vested in it with material irregularity is concerned, here is a case where the respondent has filed an eviction petition against the petitioner in the year 2013 and till date the same is hanging fire. Filling applications only to delay proceedings – Petition dismissed. (Para 3, 4)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 204 HP
Shri Pardeep Kumar Vs. Smt. Deepa Singha And Another
Civil Revision No.: 128 of 2023-Decided on 26-9-2023
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