NETRA PRAKASH SHARMA Vs. RAKESH DHAWAN

JUDGEMENT

(1.) The impugned judgments dismissed the leave to defend applications both on the ground of limitation as also on merits.

(2.) The Supreme Court in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs, 2010 2 SCC 15 has held that the statutory period of 15 days for filing of the leave to defend application is sacrosanct and courts cannot condone delay even of one day in filing of the leave to defend application. It has been held by the Supreme Court that the procedure which is specified under Section 25B of the Delhi Rent Control Act, 1958 is an exhaustive procedure and no other provision including Section 5 of the Limitation Act,1963 or any other provision of CPC in view of Rule 23 can be added to the procedure of Section 25-B.

(3.) In the present cases, in one case leave to defend is delayed by one day and in other two cases by three days. Therefore, there is delay and the delay whether it be of one day or of three days cannot be condoned there is no need to discuss the merits of the matter.