JUDGMENT (Oral)

1. This petition under Article 227 of the Constitution of India assails order dated 9th June 2022, passed by the learned Additional Rent Controller ("the learned ARC") in Case No. E-36/2019 (Inder Mohan Nagpal v. Harish Kumar). The learned ARC has, by the impugned order, adjudicated an application filed by the petitioner, as the respondent in the aforesaid eviction petition, under Order VII Rule 11¹ read with Order I Rule 10(2)² of the Code of Civil Procedure, 1908 (CPC). The learned ARC, in one breath, has rejected the petitioner's application both under Order VII Rule 11 as well as Order I Rule 10(2) of the CPC.

2. As the recital hereinafter would make apparent, while this Court does not find any cause to interfere with the decision of the learned ARC, insofar as it rejects the petitioner's prayer under Order VII Rule 11 of the CPC, no conscious application of mind to the petitioner's prayer under Order I Rule 10(2) of the CPC appears to have been accorded by the learned ARC. As such, the impugned order, to the extent it rejects the petitioner's application under Order I Rule 10(2) of the CPC, would be required to be set aside, as it is unsupported by any re