CM No.43975/2016

1. For the reasons stated in the application, 105 days’ delay in filing the petition is condoned.

2. Application is disposed of.

RC.Rev.No.560/2016

1. The petitioners, who have been residing as tenant in property No.3808, Ram Nath Patwa Street, Paharganj, New Delhi-110055 (privately numbered as 3808/2, Ram Nath Patwa Street, Paharganj, New Delhi-110055), have invoked the revisional jurisdiction of this Court under Section 25(B) (8) of Delhi Rent Control Act assailing the order dated 5th March, 2016 whereby the learned Rent Controller, while dismissing the application under Order IX Rule 7 CPC for setting aside the exparte order, has passed an eviction order in respect of the suit property by invoking the powers vested under Order VIII Rule 10 of Code of Civil Procedure.

2. For purpose of disposal of this Revision Petition, hereinafter the parties would be referred to by their rank in this petition i.e. petitioners/tenants and respondents/landlords.

3. The eviction order has been assailed by the petitioners/tenants inter-alia on the following grounds:-

(i) The provision of Order VIII Rule 10 CPC are not applicable to the Court of Rent Controller for the purpose o