Inderjeet Singh vs Seema Khattar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
TUSHAR RAO GEDELA
Inderjeet Singh – Appellant
Versus
Seema Khattar – Respondent

JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 54392/2022 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application is disposed of.

CM(M) 1412/2022 & CM APPL. 54393/2022 (for stay)

3. Mr. Praveen Suri, learned counsel appears for the petitioner and submits that the learned Additional Rent Controller (`ARC') has refused to take the application under Order XI Rules 1, 2, 12, 13 and 14 r/w Section 151 of the CPC, 1908, on record on the basis that the aforesaid application is not maintainable in the eviction petitions, filed under Section 14 (1) e r/w Section 25 B of the Delhi Rent Control Act, 1957.

4. Learned counsel submits that on that basis, the ARC refused to even take the application on record.

5. By way of the present petition, all that the petitioner seeks is that the application under Order 11 of the CPC, 1908, be taken on record and decided in accordance with law.

6. In view of the aforesaid submissions, this Court is of the considered opinion that in such matters, where the Trial Court has not even taken on record the application and decided the same in accordance with law,

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