SHIV VILAS Vs. ADDITIONAL DISTRICT JUDGE AND ANOTHER

JUDGEMENT

(1.) This petition has been filed praying for quashing of the order dated 23.12.2017 passed by the learned District Judge, Court No. 24, Kanpur Nagar in Rent Control Appeal No. 71 of 2016: Shiv Vilas v. Shivakant and for a direction to the learned Appellate Court to decide the Application dated 12.12.2017 filed by the petitioner on its merit.

(2.) Learned counsel for the petitioner submits petitioner is a tenant and PA Case No. 24 of 2012 was decided against him by an order dated 23.09.2016. The petitioner filed a Rent Control Appeal No. 71 of 2016. During the pendency of the aforesaid Rent Control Appeal some of the tenants in House No. 4/205, Purana Kanpur, Kanpur Nagar left the tenanted premises and the landlord got possession of additional space and therefore his need stood satisfied. He brought on record a map which shows that vacant portion of the house in possession of the landlord. The landlord disputed such averments of the petitioner before Appellate Court by filing objection.

(3.) The petitioner filed an Application on 10.08.2017 for appointment of Commission under Order 26 Rule 9 C.P.C. This Application was numbered as Paper No. 29-C. When this application was due to be called out on 11.12.2017 his counsel fell ill and nobody could appear when the case was taken up and the learned Appellate Court rejected the Application Paper No. 29-C on the grounds of nonappearance of the counsel and in default.