IN THE COURT OF SH. Name of the ACJ-cum-ARC, LD. ACJ-CUM-ARC, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.
RC ARC NO. RC ARC case number OF 2020
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
D.O.H.: Date of hearing
APPLICATION ON BEHALF OF THE APPLICANTS / RESPONDENTS NO. 1 TO 3, 7 & 8 UNDER SECTION 151 CPC FOR RECALLING THE ORDER DATED Date of the order being recalled PASSED BY THIS HON'BLE COURT
MOST RESPECTFULLY SHOWETH:-
1.That the present petition under Sections 14(1)(e) and 25(b) of the Delhi Rent Control Act, seeking bonafide requirement, has been filed by the Petitioner against the Respondents, and the same is pending before this Hon'ble Court for arguments on the application for leave to defend filed by Respondents no. 4, 5 and 6 for the last Period of pendency of leave to defend application.
2.That on Date applicants learned of the case, the Applicants / Respondents no. 1 to 3, 7 and 8 herein came to know of the pendency of the present case for the first time, when the Applicants and the counsel for Respondents no. 4, 5 and 6 met in the proceedings titled Title of the other case before the Court of Sh. Name of the CJ-1 judge, LD. CJ-1, Dist. Central, Tis Hazari Courts, Delhi, listed on Date of listing of the other case, and the counsel for Respondents no. 4 to 6 informed the Applicants of the present proceedings and showed them the file of the present case. Immediately thereafter, the present Respondents / Applicants, without wasting any further time, engaged the present counsel. It is pertinent to mention that, upon going through the case file, the counsel for the Applicants / Respondents found that the Petitioner had caused summons to be served at the same address as that of Respondents no. 4 to 6, and had cleverly mentioned two addresses as one address, whereby the summons of this Hon'ble Court could not be effectively served upon the present Applicants / Respondents. For the kind perusal and convenience of this Hon'ble Court, the addresses as mentioned by the Petitioner in the memo of parties, the petition and the summons of this Hon'ble Court are reproduced hereinbelow:-
“First address as given in the petition
Also known as
Second address as given in the petition.”
3.The cleverness of the Petitioner is evident from the use of the words “also known as” instead of “also at”, as a result of which, although the address of the Applicants is Correct address of applicants, it was treated as H. No. House number of the wrongly served address, and the process server of this Hon'ble Court served all summons and notices at the address mentioned as “also known as” H. No. House number used by the process server instead of the address at Correct address for service. This is also evident from the petition filed by the Petitioner and the record before this Hon'ble Court. The aforesaid crafty drafting of the address of the Respondents by the Petitioner was made only to mislead this Hon'ble Court so as to derive a wrongful gain in the present case and to cause a wrongful loss to the Applicants / Respondents herein.
4.It is submitted that the summons of this Hon'ble Court were not served upon the present Respondents / Applicants at the address mentioned in the petition and the memo of parties of the Petitioner, and service was not effected owing to the address craftily mentioned by the Petitioner. The Applicants acquired knowledge of the present case at the latest on Date of latest knowledge of the case, and therefore the present application is being moved before this Hon'ble Court for recall of the order dated Date of the order being recalled of publication and affixation of notice. Through the present application, the present Respondents / Applicants also seek to cause their appearance before this Hon'ble Court and to seek permission to file an application for leave to defend in the present case.
5.That no prejudice shall be caused to the Petitioner in case the present application is allowed.
PRAYER:-
In view of the above, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly recall the order dated Date of the order being recalled and permit the Applicants / Respondents herein to file an application for leave to defend in the present case and to cause their appearance in the present case, in the interest of justice.
Any other and further relief which this Hon'ble Court deems fit and necessary in the circumstances explained above may also be granted in favour of the Applicants / Respondents no. 1 to 3, 7 & 8.
It is, therefore, most respectfully prayed accordingly.
DELHIRESPONDENTS NO. 1 TO 3, 7 & 8
THROUGH
DATEDCOUNSEL FOR THE RESPONDENTS
IN THE COURT OF SH. Name of the ACJ-cum-ARC, LD. ACJ-CUM-ARC, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.
RC ARC NO. RC ARC case number OF 2020
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
I, Name of respondent no.1 (deponent), S/o Father's name of respondent no.1, R/o Address of respondent no.1, do hereby solemnly affirm and declare as under:
1.That I am Respondent no. 1 in the above-noted case and am well conversant with the facts of the case and competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 151 of the CPC have been drafted by my counsel under my instructions, and the contents thereof are true and correct to my knowledge; nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on Date of verification (respondent no.1 affidavit) that the facts stated in the above affidavit are true to my knowledge; no part of the same is false and nothing material has been concealed.
DEPONENT
IN THE COURT OF SH. Name of the ACJ-cum-ARC, LD. ACJ-CUM-ARC, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.
RC ARC NO. RC ARC case number OF 2020
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
I, Name of respondent no.2 (deponent), S/o Father's name of respondent no.2, R/o Address of respondent no.2, do hereby solemnly affirm and declare as under:
1.That I am Respondent no. 2 in the above-noted case and am well conversant with the facts of the case and competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 151 of the CPC have been drafted by my counsel under my instructions, and the contents thereof are true and correct to my knowledge; nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on Date of verification (respondent no.2 affidavit) that the facts stated in the above affidavit are true to my knowledge; no part of the same is false and nothing material has been concealed.
DEPONENT
IN THE COURT OF SH. Name of the ACJ-cum-ARC, LD. ACJ-CUM-ARC, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.
RC ARC NO. RC ARC case number OF 2020
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
I, Name of respondent no.3 (deponent), S/o Father's name of respondent no.3, R/o Address of respondent no.3, do hereby solemnly affirm and declare as under:
1.That I am Respondent no. 3 in the above-noted case and am well conversant with the facts of the case and competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 151 of the CPC have been drafted by my counsel under my instructions, and the contents thereof are true and correct to my knowledge; nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on Date of verification (respondent no.3 affidavit) that the facts stated in the above affidavit are true to my knowledge; no part of the same is false and nothing material has been concealed.
DEPONENT
IN THE COURT OF SH. Name of the ACJ-cum-ARC, LD. ACJ-CUM-ARC, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.
RC ARC NO. RC ARC case number OF 2020
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
I, Name of respondent no.7 (deponent), S/o Father's name of respondent no.7, R/o Address of respondent no.7, do hereby solemnly affirm and declare as under:
1.That I am Respondent no.7 in the above-noted case; I am fully conversant with the facts of the case and competent to swear this affidavit.
2.That the accompanying Application under Section 151 of the CPC has been drafted by my counsel under my instructions, and the contents thereof are true and correct to my knowledge and belief; nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on Date of verification (respondent no.7 affidavit) this day of March, 2024, that the facts stated in the above affidavit are true to my knowledge; no part thereof is false and nothing material has been concealed.
DEPONENT
IN THE COURT OF SH. Name of the ACJ-cum-ARC, LD. ACJ-CUM-ARC, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.
RC ARC NO. RC ARC case number OF 2020
IN THE MATTER OF:
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
I, Name of respondent no.8 (deponent), S/o Father's name of respondent no.8, R/o Address of respondent no.8, do hereby solemnly affirm and declare as under:
1.That I am Respondent no.8 in the above-noted case; I am fully conversant with the facts of the case and competent to swear this affidavit.
2.That the accompanying Application under Section 151 of the CPC has been drafted by my counsel under my instructions, and the contents thereof are true and correct to my knowledge and belief; nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on Date of verification (respondent no.8 affidavit) this day of March, 2024, that the facts stated in the above affidavit are true to my knowledge; no part thereof is false and nothing material has been concealed.
DEPONENT