AIR 1989 PUNJAB AND HARYANA 12 ::1988 Rev LR 150 ::(1988) ILR 2 P&H 50 ::(1988) 93 Pun LR 269 ::1988 HRR 99 ::(1988) 1 RenCR 159 ::1987 (3) RentLR 690 ::ILR (1988) 2 P&H 50

Punjab And Haryana High Court

Hon'ble Judge(s): S. P. Goyal, Pritpal Singh , JJ

Civil P.C. (5 of 1908) , O.23 R.1(4)— Withdrawal of suit and its effect - Provision is applicable to Rent Proceedings also. 1984 Cur LJ (Civ and Cri) 96 and (1985) 87 Pun LR 266, Overruled. East Punjab Urban Rent Restriction Act (3 of 1949) , S.13— Even though the Code of Civil Procedure is not applicable as such to the proceedings before the Rent Controller, but the general principles contained in the Code, including the principles which are based on justice, equity and good conscience would govern @page-PunjHar13 those proceedings. If the provisions contained in S.11, O.2, R.2, O.9, R.9 and O.23, R.1(4) of C.P.C. are held to be not applicable to the proceedings before the Rent Controller, it would necessarily result in the violation of the maxim that no man should be vexed twice over the same cause of action and the landlord or the tenant as the case may be, would be able to harass time and again on the same cause of action and for the same relief. For example, a landlord after the full trial of his petition for ejectment at the stage of arguments feeling that the petition is likely to fail, would get it dismissed as withdrawn and institute a fresh one again on the same cause of action. He would be able to repeat the same process time and again if the principles underlying the provisions of O.23, ....