JUDGEMENT

CHANDRA DHARI SINGH, J.

1. The present civil revision petitions have been filed on behalf of the petitioner under Section 115 of the Code of Civil Procedure, 1908 (hereinafter ―CPC‖). In C.R.P no. 95/2023 (hereinafter ―1st revision petition‖), the petitioner has challenged the impugned order dated 9th January, 2023 (hereinafter ―1st impugned order‖) vide which the defence of the petitioner, i.e., the defendant before the learned Trial Court stood struck off. In C.R.P no. 271/2023 (hereinafter ―2nd revision petition‖), the petitioner has challenged the impugned order dated 26th August, 2023 (hereinafter ―2nd impugned order‖) vide which the petitioner‘s application to seek permission to cross-examine the plaintiff witness was dismissed.

2. Since, the facts and issues in the present petitions are common, and emanate from the similar grounds qua the right to defence and cross examine the plaintiff witnesses, therefore, for the sake of convenience, contentions advanced in C.R.P no. 271/2023, i.e., the 2nd revision petition, are being taken up for adjudication of both the petitions. The petitioner in the 2nd civil revision petition is seeking the following reliefs:

―It is, therefore, most respectfully prayed that in the aforesaid facts and circumstances, this Hon'ble Court may kindly be pleased set aside, modify the Order dated 26.08.2023 passed by the Ld. Trial Court of Sh. Sunil Chaudhary in Civil Suit No. 596/2021 having title as "RAJIV GOYAL & ANR Vs RAJESH DUA", in the interest of justice;

C.R.P. 271/2023 and other connected matter Or pass any other order, which this Hon'ble Court may deem fit and proper, including the cost of the suit, in favour of the Petitioner and against the defendants, in the interest of justice.‖ FACTUAL MATRIX

3. The respondent, i.e., the plaintiff before the learned Trial Court, had filed the civil suit bearing CS DJ no. 596/2021, against the petitioner, i.e., the defendant before the learned Trial Court, seeking recovery of possession of the suit property, arrears of rent and damages for illegal, unauthorized use and occupation of suit property. The facts leading to the filing of the said civil suit are as follows:

a. The respondents are the co-owners of the property bearing address 2nd floor, House no. 196, Vaishali, Pitampura, Delhi-

110034 (hereinafter ―suit property‖) with 1/4th proportionate share in the stilt parking. b. The parties to the present petition had a verbal agreement in the year 2015, whereby, the respondent had agreed to lease the suit property to the petitioner. It has been stated that although there was a verbal agreement but at the request of the respondent, a lease deed dated 12th November, 2018 was drawn and executed by the parties. As per the said lease deed, the rent of the suit property was fixed at Rs. 73,452/-<br/>

per month for the first year of tenancy and it was also stated therein that the rent shall increase by Rs.77,125/- for the C.R.P. 271/2023 and other connected matter second year of tenancy. Further, the said lease deed was to remain in operation till 31st January, 2020.

c. Since there was default in payment of rent, the respondents sent a legal notice 4th December, 2019; 25th August, 2020 and 28th January, 2021, for eviction from the suit property.

Meanwhile, due to the then prevailing COVID-19 pandemic, the petitioner suffered losses hence there was delay in the payment of rent. Aggrieved by the non-compliance of the legal notice issued for eviction, the respondents filed the above said civil suit against the petitioner.

d. In the said civil suit, the petitioner filed its written statement on 24th December, 2021, wherein, the petitioner inter alia denied the contentions of the respondent and further stated that the respondents (plaintiffs therein) have concealed the fact that the petitioner had made payment of rent till July, 2021. In response to the same, the respondents filed their replication along with an application under Order XVA of the CPC