S.S. Dhavan, J. - (1.) This is a petition under Article 226 of the Constitution impugning the legality of an order of the learned Munsif (West) Allahabad directing that certain proceedings initiated by the petitioner against his landlord under Sec. 7-E of the U.P. (Temporary) Control of Rent and Eviction Act be consigned. In the affidavit supporting the petition it is stated that the petitioner is a tenant of the major portion of the house no. 12 Sheocharan Lal Road, Allahabad. Its owner was at one time Bulaqi Lal Jaiswal, respondent no. 3, who sold it during the pendency of the proceedings under S. 7-E to Sri Behari Lal Arora, respondent no. 3. It is alleged that the accommodation under the tenancy of the petitioner was badly in need of necessary repairs. The petitioner made an application under Sec. 7-E of the Act praying that Bulaqi Lal Jaiswal be directed to carry out the repairs detailed in the application, and that, on the landlord's failure to do so, the petitioner be permitted to complete the repairs himself and to recover the costs from the landlord. The details of the required repairs are given in the affidavit. It is further stated that the learned Munsif (West) Allahabad issued notice to Sri Bulaqi Lal Jaiswal, who filed an objection on or about the 12th September, 1955. A Commissioner was appointed for making a local inspection. He submitted his report, to which both the petitioner and his landlord filed objections. On 23rd April, 1956, the petitioner made an urgent application alleging that the back door of the house was unsafe and in urgent need of repairs, and praying for the Court's permission to replace the door during the pendency of the case and to recover the cost of replacement from the landlord, respondent no. 2. This application was allowed by the learned Munsif.
(2.) Meanwhile the case was listed for disposal on 11-8-1956. During this interval Sri Bulaqi Lal Jaiswal, the landlord sold the house to Sri Behari Lal Arora, respondent no. 2. Thereupon on 12-7-1956 the petitioner made an application before the learned Munsif praying for permission to implead the purchaser of the house as respondent no. 3 in his application under Sec. 7-E. He also made another application for permission to make certain repairs to the electric wiring of the house, which had become severely damaged and needed repairs urgently. On 28th July, 1956, the learned Munsif allowed both the applications. He also directed the case to be put up for disposal on 22-9-1956.
(3.) On that date the caste was placed before the learned Munsif but neither the counsel nor the parties were present. There upon the court passed the following order: "Consign the proceedings now";