RAGHAV CHADHA Vs. RAJYA SABHA SECRETARIAT

JUDGEMENT

(1.) By way of the present appeal filed under Order XLIII Rule 1 (a) and (w) of the Code of Civil Procedure 1908 (CPC), the appellant impugns order dtd. 5/10/2023 passed by the learned Additional District Judge, Patiala House Courts, New Delhi in CS No.151/2023 titled Raghav Chadha vs. Rajya Sabha Secretariat, whereby the learned Trial Court has recalled order dtd. 18/4/2023 made by it, thereby vacating an ad-interim order granted in favour of the appellant; and also thereby returning the plaint for presentation after compliance of Sec. 80(1) CPC.

(2.) Impugned order dtd. 5/10/2023 was passed on a review application filed by the defendant/respondent under Order XLVII Rule 1 CPC, seeking review of order dtd. 18/4/2023 by which the learned Trial Court had, on an application under Order XXXIX Rules 1 and 2 CPC, granted to the appellant ad-interim protection against being dispossessed from Bungalow No. AB-5, Pandara Road, New Delhi, without due process of law. By order dtd. 18/4/2023, the learned Trial Court had also issued notice to the respondent/defendant on an application filed by the appellant under Sec. 80(2) of the CPC. Brief Facts

(3.) A brief conspectus of the relevant factual matrix of the case is as follows :