DHRUV KUMAR SINHA Vs. RAJ BALA TANWAR

JUDGEMENT

(1.) The original defendant i.e. petitioner herein, has instituted the present petition impugning the order dtd. 23/9/2023 passed by the Court of learned District Judge (Commercial Court) - 03, West (hereinafter referred to as 'Trial Court'), Tis Hazari Courts, Delhi in Commercial Suit No. 57/2023 titled as 'Smt. Raj Bala Tanwar v. Dhruv Kumar Sinha', whereby the learned Trial Court has dismissed the application filed by the petitioner under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereafter referred to as 'CPC') for amendment of written statement.

(2.) Pertinently, the learned Trial Court vide the same order on 23/9/2023 passed a decree for possession of the subject property i.e., WZ-508B/3, situated as Village Basai Darapur, New Delhi-110015, under Order XII Rule 6 of the CPC, which has been challenged by the petitioner by filing the Regular First Appeal (Comm.) in other proceedings. Thus, the matter is pending before the learned Trial Court for adjudication of arrears of rent and mesne profit/ damages.

(3.) The dispute between the parties is related to possession of the subject property i.e. One hall on the Ground Floor of property no. WZ-508B/3, situated as Village Basai Darapur, New Delhi-110015, and for recovery of arrears of rent.