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2023 Supreme(Del) 3563

MANMEET PRITAM SINGH ARORA
Pratima Singh – Appellant
Versus
All India Blind Relief Society – Respondent


Advocates appeared:
Mr. Rajiv Kumar Ghawana and Ms. Neelaksa Sharma, Advocates, for the Petitioner.
Mr. Suriya Chandra, Advocate, for the Respondent.

JUDGMENT

Manmeet Pritam Singh Arora, J. (Oral)

1. This petition filed under Article 227 of Constitution of India impugns the order dated 11.05.2023 passed by the ADJ-05, South District, Saket Courts, New Delhi (`Trial Court') in CS DJ No. 5574/2016, dismissing the application filed by the Petitioner herein under Order 14 Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 (`CPC').

2. The Petitioner is the original defendant and Respondent is the original plaintiff in the civil suit.

2.1. The civil suit has been filed by the plaintiff for recovery of possession of House No. 3, Ground Floor, Model Eye Hospital, Block - F, Lajpat Nagar - II, New Delhi (`suit property') and mesne profits, on 26.07.2012. The relationship between the parties is admittedly that of a landlord-tenant.

2.2. The issues were framed by the Trial Court on 18.12.2014. The parties have thereafter, led their evidence which stood concluded in the year 2019. The matter has since then been pending at the stage of the final arguments.

3. It was at this stage of proceedings on 07.09.2020 that an application was filed by the Petitioner (i.e., the defendant) under Order 14 Rule 5 read with Section 151 of C

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