SURESH KUMAR / KAMLA Vs. KRISHAN KANHAYA

JUDGEMENT

(1.) A similar controversy in the petitions pertains to the dismissal of the applications of the petitioners filed under Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred as "CPC") for condonation of delay in filing rejoinder, rejoinder affidavit and documents and for recalling the order dtd. 22/8/2019 for closing opportunity to file the rejoinder.

(2.) The background of both the cases reveal that the respondent herein filed an Eviction Petition in RC/ARC No. 207/2019 and RC/ARC No. 208/2019 titled as "Krishan Kanhaya vs. Suresh Kumar and Ors" and "Krishan Kanhaya vs. Kamla" respectively against the petitioners in the year 2019. The petitioners filed a leave to defend application on 16/8/2019. Vide order dtd. 22/8/2019, the learned CCJ cum ARC (hereinafter referred as "ARC") directed the respondents to file reply to leave to defend application within one month. Additionally, in RC/ARC No. 207/2019 the learned Trial Court granted one month"s time to the petitioner to file rejoinder. However, no opportunity was given to the petitioner in RC/ARC No. 208/2019 to file a rejoinder and the matter was directly listed for arguments on the application seeking leave to defend.

(3.) The reply to the leave to defend application along with documents was filed on behalf of the respondent on 24/10/2019. On the next date of hearing, which was on 30/10/2019, the matter was adjourned to 8/7/2020 for arguments on the leave to defend application.