Delhi High Court
Inderjeet Singh vs Seema Khattar on 21 December, 2022
Neutral Citation Number 2022/DHC/005779
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 21.12.2022
+ CM(M) 1412/2022
INDERJEET SINGH ..... Petitioner
versus
SEEMA KHATTAR ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Praveen Suri and Ms. Komal Chhibber,
Advocates.
For the Respondent : None.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
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.
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:04:17
Neutral Citation Number 2022/DHC/005779
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, no
useful purpose would be served in issuing notice to the respondent for the
reason that it will entail delay in disposal of the eviction petition pending
before the ARC.
7. The right of a litigant to file and maintain an application is indelible
unless barred by law and this Court is of the opinion that the rights of a
litigant to agitate their particular issue cannot be diluted, subject however,
to the limitations under any law as well as the power conferred upon the
courts to decide the same.
8. In view of the above, the present petition is disposed of with a
direction to the ARC to take on record the application under Order XI
Rules 1, 2, 12, 13 & 14, CPC, 1908 and decide the same in accordance
with law.
9. It is informed that the eviction petition is listed on 04.01.2023.
10. It is made clear that this Court has not expressed any opinion on the
merits of the matter and the ARC is at liberty to deal with the application
on its own merits.
11. The petition along with pending application stands disposed of in
the above terms.
TUSHAR RAO GEDELA, J
DECEMBER 21, 2022/nd
Signature Not Verified
Digitally Signed
By:VINOD KUMAR
15:04:17
