NIRANJAN MAJUMDAR Vs. TEJPAL

JUDGEMENT

(1.) The present revision petition assails the judgment/order dtd. 2/12/2021, passed by the ACJ-cum-CCJ-ARC (South East District), Saket Courts, New Delhi ("ARC" in short) in Eviction Petition No. 50/2020, whereby the ARC had allowed the eviction petition, after holding that the petitioner/tenant be proceeded ex-parte, on the ground that despite opportunity the petitioner did not file its leave to defend application during the statutory period of 15 days as per Sec. 25B (4) of the Delhi Rent Control Act, 1958 ("DRC Act" in short).

(2.) The petitioner also assails the order dtd. 11/4/2022, whereby the petitioner's application under Order 9 Rule 13 of the Code of Civil Procedure, 1908("CPC" in short), seeking setting aside of the aforesaid ex-parte judgment/order dtd. 2/12/2021 was dismissed.

(3.) The order dtd. 16/2/2021, passed by the ARC, records that the petitioner was served with summons through e-mail on 16/1/2021. However, the petitioner did not file its leave to defend application as contemplated under Sec. 25B (4) of DRC Act, within the statutory period of 15 days. Notwithstanding, however, in view of the order 8/3/2021 passed by the Supreme Court in Re: Cognizance for Extension of Limitation, Sou Motu W.P. (C) No.3 to 2020, whereby the period from 15/3/2020 to 14/3/2021 stood excluded for the purpose of computation of period of limitation in any suit/application/other proceedings, vide order dtd. 16/3/2021 it was held by the ARC that the period of 15 days for filing the leave to defend application had not expired and accordingly, the petitioner was given further time to file its leave to defend application. The relevant portion of the said order dtd. 16/3/2021 reads as under: