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2023 Supreme(Del) 477

SACHIN DATTA
NIRANJAN MAJUMDAR – Appellant
Versus
TEJPAL – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rishabh Kapur.
For the Respondent: Atul Verma.

JUDGMENT :

SACHIN DATTA, J.

1. The present revision petition assails the judgment/order dated 02.12.2021, passed by the ACJ-cum-CCJ-ARC (South East District), Saket Courts, New Delhi (“ARC” in short) in Eviction Petition No. 50/2020, whereby the ARC had allowed the eviction petition, after holding that the petitioner/tenant be proceeded ex-parte, on the ground that despite opportunity the petitioner did not file its leave to defend application during the statutory period of 15 days as per Section 25B (4) of the Delhi Rent Control Act, 1958 (“DRC Act” in short).

2. The petitioner also assails the order dated 11.04.2022, whereby the petitioner’s application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (“CPC” in short) seeking setting aside of the aforesaid ex-parte judgment/order dated 02.12.2021 was dismissed.

3. The order dated 16.02.2021, passed by the ARC, records that the petitioner was served with summons through e-mail on 16.01.2021. However, the petitioner did not file its leave to defend application as contemplated under Section 25B (4) of DRC Act, within the statutory period of 15 days. Notwithstanding, however, in view of the order 08.03.2021 passed by the Suprem

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