RENA VERMA Vs. VEENA GUPTA

JUDGEMENT

(1.) The petitioner has invoked Article 227 of the Constitution of India to challenge the validity of order dated 19.12.2011 passed by the Ld. ARC, whereby the application of the petitioner under Order 37 Rule 4 read with Section 151 of the Code of Civil Procedure (CPC) was dismissed.

(2.) The sequence of events that led to the passing of the impugned order in brief is that the respondent filed an eviction petition in respect of property bearing no. L-24, second floor, South Ex, Delhi, seeking eviction of the petitioner on the ground of bonafide requirement. The summons of the said petition were served upon the petitioner on 18.01.2011. The petitioner then filed an application on 01.02.2011, praying for direction to the respondent to supply legible copies of the petition to her. The matter came up before the Ld. ARC on 11.02.2011, who issued notice to the respondent on this matter.

(3.) After hearing arguments of both parties on the issue, the Ld. ARC dismissed the application of the petitioner on 23.02.2011.The petitioner then filed the application seeking leave to defend along with an application for condonation of delay under Section 5 of the Limitation Act. On 27.04.2011, the Ld.ARC passed an eviction order against the petitioner, noting that there is no provision in the Delhi Rent Control Act (DRCA) for condonation of delay in filing leave to defend application. The petitioner then proceeded to file an application under Order 37 Rule 4 read with Section 151 of (CPC) for recalling of the order dated 27.04.2011 on the ground that she was not served with summons as mandated under Section 25 B read with Schedule III of DRCA.