Anil Kumar vs Pramod Sharma - 2022 Supreme(Del) 1956

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1956

SUBRAMONIUM PRASAD
Anil Kumar – Appellant
Versus
Pramod Sharma – Respondent

Advocates appeared:
Bharat Deep Singh, Ashish Atkaan, Advocates, for the Petitioner.
Ankit Gupta, Advocate, for the Respondent.

JUDGMENT

Subramonium Prasad, J. (Oral)--The instant Revision Petition has been filed against the Order dated 09.08.2019, passed by the learned ACJ-CCJ-ARC, Shahadara, Karkardooma Courts, Delhi, in ARC No.128/2018.

2. The facts leading to the instant revision petition, shorn of unnecessary details, are that an Eviction Petition had been filed by the Respondent herein under Section 14(1)(e) of the Delhi Rent Control Act, 1958, in respect of a shop located on the ground floor of property bearing no. 9/668, Subhash Nagar, Gandhi Nagar, Delhi-110031.

3. It is stated that in pursuance of the summons served on the Petitioner herein on 18.05.2018 after the filing of the said Eviction Petition, the Petitioner herein filed his application seeking leave to defend on 31.05.2018, i.e. within the prescribed period of 14 days, however, the affidavit filed alongside the application was unattested. Accordingly, time was granted to the Petitioner herein to the file attested affidavit within the period of limitation, but the same was not filed even till the next date of hearing in the Eviction Petition, i.e. 12.09.2018.

4. Noting the fact that ample opportunity had been given to the Petitioner h