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2021 Supreme(Del) 1864

RAJIV SHAKDHER
Harpreet Singh – Appellant
Versus
Vimal Kumar Pathak – Respondent


Advocates appeared:
Pulkit Thareja, Advocate, Rakesh Agarwal, Advocate, Pulkit Agarwal, Advocate

JUDGMENT

Rajiv Shakdher, J. - [Court hearing convened via video-conferencing on account of COVID-19]

1. The captioned civil revision petition is directed against the order dated 07.10.2020, passed by the Additional Senior Civil Judge, Small Causes Court-cum-Guardian Judge, North District, Rohini, Delhi in the matter of 'Vimal Kumar Pathak vs. Harpreet Singh' bearing no. CS No. 1453/2018. 1.1 The impugned order was passed on an application preferred by the defendant, that is, the petitioner in the instant matter, under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 [in short "CPC"].

1.2. The application was pivoted on two grounds:

    a) First, that the petitioner/defendant was protected under the provisions of the Delhi Rent Control Act, 1958 [in short "DRC Act"]. In nutshell, the jurisdiction of the trial court was put under challenge by taking recourse to Section 50 of the DRC Act.

      b) Second, that the underlying suit for possession preferred by the plaintiff, that is, the respondent in the instant matter, had not been appropriately valued both, for the purposes of pecuniary jurisdiction and affixation of requisite court-fee.

      2. Pertinently, when the matter ca

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