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2019 Supreme(Del) 2217

SANJEEV SACHDEVA
Madan Mohan Khullar & Co. – Appellant
Versus
Ishwar Saran Mittal – Respondent


Advocates Appeared:
Ravi Joshi, Adv.

JUDGMENT :

Sanjeev Sachdeva, J.

Rc.Rev. 198/2019 & CM APPL. 15064/2019 (stay)

1. Petitioner impugns order dated 16.02.2019, whereby, leave to defend application, filed by the petitioner, has been dismissed on the ground that the same was delayed and an eviction order has been passed.

2. Subject eviction petition was filed by the respondent under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act. Summons in the prescribed format were issued for service of the tenant/petitioner herein.

3. Petitioner filed an application under section 151 C.P.C. on 16.01.2018 stating that he received the notice from the Court on 01.01.2018 and was directed to file the written statement within 15 days. In the application, it is contended that after receipt of notice, he was suffering from viral fever and is also a patient of diabetes and blood pressure and due to the said reason could not prepare and file the written statement and sought an extension of one week to file the written statement.

4. Subsequently, an application seeking leave to defend was filed on 20.01.2018. In the application seeking leave to defend, it is contended that the summons were served on one Manjeet Singh, who w

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