MANISH KUMAR Vs. HEMLATA

JUDGEMENT

(1.) By way of the present petition under Section 115 of CPC, the petitioner has assailed the eviction order dated 26th March, 2013 passed by the learned Addl. Rent Controller whereby the leave to defend application filed by the petitioner was dismissed for the reason mainly that the same was not filed within the stipulated period prescribed under the Act.

(2.) Brief facts for the purpose of adjudication of the present petitions are that the respondent had filed an eviction petition bearing No.E-25/2010 against the petitioner under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") in respect of an L- Shape shop No.3 situated in the property bearing No. 41, Subhash Park, Kotla Mubarakpur, New Delhi (hereinafter referred to as the "tenanted premises"). However the petitioner did not file the leave to defend application within the prescribed period of 15 days.

(3.) The petitioner had filed an application under Section 5 of the Limitation Act seeking condonation of delay in moving leave to defend application. It was stated in the application that the copy of the summons and annexure was not complete and page Nos. 19, 20, 32, 33, 38 and 39 were missing and therefore the said service could not be called as complete service. It was further stated that the copy of the plaint was very dim and illegitimate and the same could not be called as complete service in the summary trial. The petitioner also assailed the maintainability of the eviction petition in respect of the commercial property.