BDR DEVELOPERS PVT. LTD. Vs. NARSINGH SHAH

JUDGEMENT

(1.) These five petitions have been filed by M/s. BDR Developers Private Limited ("the petitioner", for short) challenging the orders dated 4 th August, 2020, passed in five suits that were filed by the petitioner/plaintiff against various persons, named as defendants in the said suits. Vide the said orders dated 4th August, 2020, separately passed in each of the suits, the learned Trial Court had listed the cases for arguments on the application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (" CPC ", for short). The petitioner/plaintiff seeks the setting aside of the said orders primarily on the ground that the cases had been fixed on 4th August, 2020 for passing orders on the applications that the petitioner/plaintiff had filed under Order XII Rule 6 of CPC and under Order XV-A of CPC, however, the learned Trial Court adjourned the matter for arguments to be heard on the application filed by the respondents under Order VI Rule 17 of CPC. Since the issues involved are the same in all these petitions, they are being disposed of vide this common order.

(2.) The petitioner/plaintiff claimed to be the landlord of premises No. F-419 admeasuring 200 square yards, part of Khasra No. 814; No. F-15, ad-measuring 244 Sq. yds. part of Khasra No.811, 813/2 and 814; No. P80B, ad-measuring 163 Sq. Yds. part of Khasra No.812/2; No. A-25, admeasuring 396 Sq. Yds., (92+304) and 342 Sq. Yds. (196+146); and, No.464, ad-measuring 283 Sq. Yds. part of Khasra No.782, all situated at Molarband, Post Office, Badarpur Road, New Delhi. By means of the respective Registered Lease Deeds dated 13th June, 2018 and 11th June, 2018, the petitioner/plaintiff claimed that it had inducted the respondents/defendants as tenants in the said properties at a monthly rent of Rs.50,000/-. The civil suits were filed on 25th May, 2019 being CS DJ/471/2019, CS DJ/467/2019, CS DJ/474/2019, CS DJ/469/2019 and CS DJ/473/2019 respectively, for eviction, recovery of arrears of rent and mesne profits against the respondents/defendants on the ground that they had defaulted in paying the monthly rent for more than two months consecutively. Written statements had been filed in all the suits by the respondents/defendants and thereafter, the petitioner/plaintiff filed applications under Order XII Rule 6 of CPC seeking judgment on admissions, pointing out that the respondents/defendants had admitted the execution of the respective Registered Lease Deeds dated 13th June, 2018 and 11th June, 2018.

(3.) Mr. Akhil Sachar, learned counsel for the petitioner/plaintiff has submitted that extensive arguments were heard on this application under Order XII Rule 6 of CPC and the learned Trial Court adjourned the matter for orders, firstly to 1st August, 2020 and thereafter, to 4th August, 2020. The learned counsel further submitted that the respondents/defendants took several adjournments on the plea of ill health of their counsel and thereafter, changed the counsel twice. It was on 28th July, 2020, that the new counsel for the respondents/defendants filed written arguments and therefore, the learned Trial Court put the case for orders on 1st August, 2020, on which date, due to a Court holiday, the matter was then taken up on 4th August, 2020. On 1th August, 2020, the new counsel engaged by the respondents/defendants sent an application requesting the court to adjourn the passing of the orders under Order XII Rule 6 of CPC, till the disposal of the application under Order VI Rule 17 of CPC, which was also being filed along with certain documents. The learned Trial Court mentioned this fact of the filing of the application under Order VI Rule 17 of CPC and passed the impugned order adjourning the matter for hearing on the application under Order VI Rule 17 of CPC.