MASTER ABDUL ALEEM DECD Vs. HAMEEDA SHAHZAD

JUDGEMENT

(1.) ORDER impugned before this Court is the order dated 17.10.2011; the Court had not taken the application for leave to defend on record holding it to be barred by delay of one day; necessary corollary was that the eviction decree had followed in favour of the landlord.

(2.) RECORD shows that the present eviction petition has been filed under Section 14 (1)(e) of the Delhi Rent Control Act (DRCA). The tenant was served with the summons on 12.01.2010; he had filed an application seeking a complete set of the petition which was provided to him on 30.10.2010. The impugned order has noted that even if the date of summons is counted from 30.01.2010, the application for leave to defend filed on 15.02.2010 was barred by limitation as the limitation has expired on 14.02.2010. It is not in dispute that 14.02.2010 was a Sunday. Contention of the petitioner before this Court is that 14.02.2010 being a Sunday which has necessarily to be excluded for the purpose of computing the period of 15 days which is the outer limit within which an application for leave to defend can be filed in eviction proceedings under Section 14 (1)(e) of the DRCA.

(3.) A similar question has come for consideration before a Bench of this Court in 1984 (6) DRJ 47 Frank Anthony Public School Vs. Amar Kaur which was also in proceedings under Section 14 (1)(e) of the DRCA where the application seeking leave to defend was within the period of 15 days; the expression within 15 days from service hereof had come up for consideration. Relevant extract of the said order reads herein as under:-