The court set aside an order dismissing an impleadment application under Order I Rule 10 CPC, directing the trial court to reconsider the petition after considering all relevant contentions regarding tenancy and possession of the disputed premises.

O R D E R

1. This hearing has been done through hybrid mode.

2. The present petition under Section 25B (8) of the Delhi Rent Control Act, 1971 , seeks following prayers:-

“I. Set aside the Judgment/order dated 14.08.2025 passed by the Court of Ld. ARC-02, Central District, Tis Hazari Courts, Delhi in RC ARC 194/2025 having title "Prakash Chand vs Kanta"

II. To allow the application filed under Order 1 Rule 10 CPC on behalf of the Petitioner herein and make Petitioner a party in the array of parties in the Eviction Petition and be allowed to contest the eviction petition;.

III. Pass any other or further order which the Hon'ble Court may deem fit in the facts of the present petition.”

3. By way of the impugned order, learned ARC dismissed an application filed at the instance of the present petitioner under Order I Rule 10 of the CPC.

It was the contention of the petitioner that the respondent Nos.1 and 2 had filed the subject petition under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, 1971 , by impleading one Mr. Sumer Chand as a tenant despite the fact that the present petitioner was the tenant and was in possession of the shop (demised premises) for the last 20 years. It is pointed out that alongwith the application necessary documents to demonstrate the same were also placed on record.

4. During the course of hearing, learned counsel appearing on behalf of respondent No. 4, i.e., son of late Sumer Chand, on instructions, submits that the property had been vacated by late Sumer Chand in the year 2003 and possession of the same was given to the petitioner on the instructions of respondent Nos. 1 and 2, and submits that an appropriate affidavit regarding the same will be filed before the learned ARC. The same is disputed by learned counsel for the aforesaid respondents.

5. Be that as it may, with the consent of the parties, the present petition is allowed and disposed of.

6. The order dated 14.08.2025 is set aside and learned ARC should decide the application under Order I Rule 10 of the CPC on behalf of the petitioner afresh taking into consideration the aforesaid contentions of respondent No.4 in accordance with law.

7. The parties shall appear before learned ARC-02, Central District, Tis Hazari Courts, Delhi, on 03.02.2026.

8. Learned ARC is requested to dispose of the application filed on behalf of the petitioner under Order I Rule 10 of the CPC after taking into account the aforesaid contentions, preferably within a period of one month from the receipt of this order.

9. Pending applications, if any, also stand disposed of accordingly.

10. Copy of the order be sent to learned ARC-02, Central District, Tis Hazari Courts for necessary information and compliance.

11. Order be uploaded on the website of this Court, forthwith.