CM No.32043/2017 (for exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

CM(M) 955/2017 & CM No.32042/2017 (for stay)

3. This petition under Article 227 of the Constitution of India impugns the order [dated 23rd May, 2017 in CS No.771/16/15 of the Court of Additional District Judge (ADJ)-03, (Central), Tis Hazari Courts, Delhi] allowing the application of the respondents/defendants under Section 151 of the Code of Civil Procedure, 1908 (CPC) for recall of the order striking off the defence of the respondents/defendants.

4. The counsel for the petitioner/plaintiff has been heard and record perused.

5. The petitioner/plaintiff instituted the suit, from which this petition arises, for recovery of possession and for recovery of Rs.1,20,000/- towards mesne profits and for permanent and mandatory injunction inter alia pleading that the respondent/defendant No.1 was a tenant under the petitioner/plaintiff at a rent of Rs.15,000/- per month and the term for which the premises were let out to the respondent/defendant No.1 had expired but the respondent/defendant No.1 was not vacating the premises and the respondent/defendant No.2 Ashma Khatoon, who is