AMARJEET KAUR Vs. DEEPAK LALWANI

JUDGEMENT

(1.) The appellants have challenged the impugned order dtd. 18/11/2021 passed in CS (COMM) No.9/2018 vide which the suit of respondents/plaintiffs was decreed and a decree for possession of the suit property bearing Shop no. 4A, New Market, Tilak Nagar, New Delhi -110018 was passed in favour of the respondents/plaintiffs and against the appellants/defendants. Learned trial court further passed a decree of arrears of rent/damages at the rate of Rs.1,57,000.00 per month together with hire charges of Rs.28,350.00 per month with effect from 1/10/2017 till the date of actual vacant possession to the plaintiff with costs.

(2.) Though the appellants have only prayed for setting aside impugned order/judgment dtd. 18/11/2021, but in the body of appeal the orders dtd. 26/10/2021, 28/10/2021, 11/11/2021 and 17/11/2021 have been mentioned vide which the learned trial court dismissed the applications filed by appellants i.e. application under Sec. 114 read with Order XLVII and Sec. 151 of the Civil Procedure Code (CPC) for review of order dtd. 22/2/2021, an application under Sec. 5 of Limitation Act for condonation of delay in filing of the written statement, an application under Order VII Rule 10 CPC for return of the plaint to its original instituted court and an application under Order VII Rule 11 CPC.

(3.) In the trial Court, the appellants sought review of the order dtd. 22/2/2021 on the ground that the same was passed in haste and in the absence of the respondent. It was alleged that the application filed by appellant no.2/defendant no.2 under Sec. 114 read with Sec. 151 CPC has been dismissed by the learned trial court vide order dtd. 28/10/2021 without appreciating material on record.