C.R.P. 271/2023 and other connected matter

Page 1 of 61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Pronounced on: 23^rd January, 2024

+

C.R.P. 271/2023 & CM APPL. 50574/2023

RAJESH DUA

..... Petitioner

Through:

Mr. Lal Singh Thakur, Mr. Sahil

Gandhi, Anurag Sharma and Mr.

Rachit Singh, Advocates

versus

RAJIV GOYAL & ANR.

..... Respondents

Through:

Mr. Anil Airi, Sr. Advocate with Mr.

Pranaya Goyal, Mr. Dharav Shah, Mr.

Mudit Ruhella and Mr. Shubham

Sain, Advocates

+

C.R.P. 95/2023 & CM APPL. 20124/2023 & CM APPL. 20125/2023

& CM APPL. 20126/2023

RAJESH DUA

..... Petitioner

Through:

Mr. Lal Singh Thakur, Mr. Sahil

Gandhi, Mr. Anurag Sharma and Mr.

Rachit, Advocates

versus

RAJIV GOYAL & ANR.

..... Respondents

Through:

Mr. Anil Airi, Sr. Advocate with Mr.

Pranaya Goyal, Mr. Dharav Shah, Mr.

Mudit Ruhella and Mr. Shubham

Sain, Advocates

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

Digitally Signed By:SARIKA

BHAMOO VERMA

Signing Date:24.01.2024

16:37:03

Signature Not Verified

C.R.P. 271/2023 and other connected matter

Page 2 of 61

J U D G M E N T

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 ―1^st revision

petition‖), the petitioner has challenged the impugned order dated 9^th

January, 2023 (hereinafter ―1^stimpugned 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 ―2^ndrevision petition‖), the petitioner

has challenged the impugned order dated 26^th August, 2023 (hereinafter ―2^nd

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 2^nd revision petition,

are being taken up for adjudication of both the petitions. The petitioner in

the 2^nd civil revision petition is seeking the following reliefs:

―It is, therefore, most respectfully prayed that in

Digitally Signed By:SARIKA

BHAMOO VERMA

Signing Date:24.01.2024

16:37:03

Signature Not Verified

C.R.P. 271/2023 and other connected matter

Page 3 of 61

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 2^nd floor, House no. 196, Vaishali, Pitampura, Delhi-

110034 (hereinafter ―suit property‖) with 1/4^th 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 12^th 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/-

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

Digitally Signed By:SARIKA

BHAMOO VERMA

Signing Date:24.01.2024

16:37:03

Signature Not Verified

C.R.P. 271/2023 and other connected matter