LAWS(DLH)-2023-11-122

KAMAL NARAIN KAPOOR Vs. UMA SHANKAR KAPOOR

Decided On November 21, 2023
KAMAL NARAIN KAPOOR Appellant
V/S
Uma Shankar Kapoor Respondents

JUDGEMENT

(1.) In these applications, the Petitioner herein is aggrieved of the order dtd. 16/10/2023 passed by the Trial Court dismissing the application filed by the Petitioner under Order XVI Rule 6 read with Sec. 151 of Code of Civil Procedure, 1908 ('CPC').

(2.) The Petitioner vide these applications seeks setting aside of the order dtd. 16/10/2023 and a direction to the Trial Court to hear the app lication filed under Order XVI Rule 6 of CPC, afresh.

(3.) Learned counsel for the Petitioner states that the rent agreement dtd. 8/8/1973 was duly pleaded in the written statement and since the custody of the original of the said agreement is not with the Petitioner, an application under Order XVI Rule 6 CPC read with Sec. 151 CPC was filed for summoning of the original rent agreement from the landlord i.e., the trust.