ARYA THE PREMIER EDUCATION Vs. SMT. SAVITA GUPTA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/defendant being aggrieved by the order dated 25/10/2016 passed by the trial Court in Civil Suit No.40-A/2014.

(2.) This Court has carefully gone through the order passed by the trial Court and the trial Court has arrived at the conclusion that the defendant is deliberately delaying the finalization of the landlord-tenant suit. It has been stated by the trial Court that no document has been filed to support the averments made in the application under Order 16 Rule 1 CPC, i.e. the record of Income Tax Department, record in respect of incorporation of the company mentioned in the application filed Order 16 Rule 1 CPC. In those circumstances the application preferred under Order 16 Rule 1 CPC has been rejected. Not only this, the trial Court has also rejected the application filed under Order 6 Rule 17 CPC on the ground that the defendant has not at all mentioned the facts, which were being brought on record stating that they came to the knowledge of the defendant later on after filing of written statement.

(3.) The trial Court has also observed that the defendant, who is tenant, is deliberately delaying the finalization of the suit on some pretext one or the other. This Court on careful consideration of the impugned order passed by trial Court is of the opinion that the trial Court was justified in rejecting the application preferred by the defendant. The order passed by the trial Court does not suffer from any illegality, perversity nor from any jurisdictional error.