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2017 Supreme(Del) 692

JAYANT NATH
Dal Chand – Appellant
Versus
Bhupinder Singh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Subhashish Mohanty
For the Respondents: Mr. S. Satyanarayan

JUDGMENT :

Jayant Nath, J.

1. By the present revision petition filed under Section 25 B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act), the petitioner seeks to impugn the eviction order dated 01.07.2016 passed by the trial court.

2. The respondents filed an eviction petition under Section 14(1)(e) of the DRC Act regarding premises being a shop on Rohtak Road, Delhi.

3. The summons were served on the petitioner on 28.01.2016. The petitioner was obliged to file an application for leave to defend within 15 days of service of summons. However, leave to defend application was filed on 18.02.2016 beyond the period of 15 days. As the period for filing leave to defend had expired on 12.02.2016, the trial court relying upon the judgment of the Supreme Court in the case of Prithipal Singh vs. Satpal Singh (dead) through LRs, (2010) 2 SCC 15 dismissed the application for leave to defend and passed an eviction order against the petitioner.

4. I have heard learned counsel for the parties.

5. Learned counsel for the petitioner has vehemently argued that in the present case, in terms of Section 25B(3)(a) of the DRC, the trial court was obliged to direct summons to be se
















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