RAM SEWAK GUPTA Vs. SUKHVIR SINGH

JUDGEMENT

(1.) THIS is an application filed by the petitioner under Section 151 CPC for restoration of the abovementioned petition which was dismissed in default as also for non -prosecution vide order dated 26th April, 2013. Notice of this application was issued to the respondent who has filed his reply.

(2.) THE petitioner (respondent in the eviction petition) has filed the present petition against the impugned order dated 18 th February, 2012 whereby his application for leave to defend was dismissed and eviction orders were passed against him in respect of the tenanted premises.

(3.) IT was stated in the eviction petition that the respondent who was earlier doing the business of Lithography for preparing the negatives and positives of photographs at the second floor of property No.WZ -476, Basai Darapur, New Delhi has undergone a bye -pass surgery through his right leg and became handicap. Further, he was diagnosed having gangrene in his right toe and thereafter, met with an accident and a plate was fixed in his same leg and because of this ailment, he is not able to go upstairs and this problem has aggravated since 2009. It was prayed that since the respondent is unable to climb up to the second floor, the tenanted premises is required bonafidely for him for his lithography business in the tenanted premises.