IN THE COURT OF SH. MEDHA ARYA, LD. ACJ-CUM-ARC, DISTRICT 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 order to be 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 eviction on the ground of bonafide requirement, has been filed by the Petitioner against the Respondents and is pending before this Hon'ble Court for arguments on the application for leave to defend filed by Respondents no. 4, 5 and 6, which is fixed for Date fixed for arguments on leave to defend.
2.That on Date of knowledge of the case, the Applicants / Respondents no. 1 to 3, 7 and 8 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 of another case titled Title of the other pending case, CS SCJ/121/18, before the Court of Sh. Sahil Khurmi, Ld. CJ-1, District Central, Tis Hazari Courts, Delhi, listed on Date of listing of the other case, whereupon the counsel for Respondents no. 4 to 6 informed them of the present proceedings and showed them the file of the present case. Immediately thereafter, the present Respondents / Applicants, without losing any further time, engaged the present counsel. It is pertinent to mention that upon perusal of 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 recited two addresses as one, with the result that the summons of this Hon'ble Court never reached 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 hereunder:
"First address as mentioned in memo of parties, Delhi-110006
Also known as
Second address as mentioned in memo of parties, Delhi-110006."
3.The cleverness of the Petitioner is evident from the use of the words "also known as" instead of "also at". In consequence, although the address of the Applicants is Applicants' actual address, Delhi-110006, it was treated as Address treated for service, Delhi-110006, and the process server of this Hon'ble Court served all summons and notices at the address described as "also known as", namely Address at which summons were served, Delhi-110006, instead of at the address Address where summons were not served, Delhi-110006. This is also evident from the petition filed by the Petitioner and the record before this Hon'ble Court. This clever drafting of the Respondents' address 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.
4.It is submitted that the summons of this Hon'ble Court were never served upon the present Respondents / Applicants at the address mentioned in the petition and the memo of parties of the Petitioner, and service was never effected owing to the address cleverly mentioned by the Petitioner. The Applicants gained knowledge of the present case only on Date of knowledge of the case, and hence the present application is being moved before this Hon'ble Court for recall of the order dated Date of publication order of publication and affixation of notice. Through the present application, the present Respondents / Applicants also cause their appearance before this Hon'ble Court and 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 the event 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 order to be recalled and permit the Applicants / Respondents herein to file an application for leave to defend in the present case and to appear and contest the present case, in the interest of justice.
Any other and further relief which this Hon'ble Court may deem fit and proper in the circumstances explained above, may also be passed 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
DATED: Date of application
--------------------------,
New Delhi-110001
Email: Advocate's email address
Mob.: Advocate's mobile number
IN THE COURT OF SH. MEDHA ARYA, LD. ACJ-CUM-ARC, DISTRICT 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, Deponent's (Respondent no.1) name, S/o Late Sh. Deponent's (Respondent no.1) father's name, R/o Deponent's (Respondent no.1) address, Delhi-110006, do hereby solemnly affirm and declare as under:
1.That I am Respondent no. 1 in the above-noted case, am fully conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 151 CPC have been drafted by my counsel under my instructions, that the contents thereof are true and correct to my knowledge, and that nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Verification date (Respondent no.1 affidavit) day of March, 2024 that the facts stated in the above affidavit are true to my knowledge, that no part of the same is false, and that nothing material has been concealed.
DEPONENT
IN THE COURT OF SH. MEDHA ARYA, LD. ACJ-CUM-ARC, DISTRICT 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, Deponent's (Respondent no.2) name, S/o Late Sh. Deponent's (Respondent no.2) father's name, R/o Deponent's (Respondent no.2) address, Delhi-110006, do hereby solemnly affirm and declare as under:
1.That I am Respondent no. 2 in the above-noted case, am fully conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 151 CPC have been drafted by my counsel under my instructions, that the contents thereof are true and correct to my knowledge, and that nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Verification date (Respondent no.2 affidavit) day of March, 2024 that the facts stated in the above affidavit are true to my knowledge, that no part of the same is false, and that nothing material has been concealed.
DEPONENT
IN THE COURT OF SH. MEDHA ARYA, LD. ACJ-CUM-ARC, DISTRICT 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, Deponent's (Respondent no.3) name, S/o Late Sh. Deponent's (Respondent no.3) father's name, R/o Deponent's (Respondent no.3) address, Delhi-110006, do hereby solemnly affirm and declare as under:
1.That I am Respondent no. 3 in the above-noted case, am fully conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the contents of the accompanying application under Section 151 CPC have been drafted by my counsel under my instructions, that the contents thereof are true and correct to my knowledge, and that nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on this Verification date (Respondent no.3 affidavit) day of March, 2024 that the facts stated in the above affidavit are true to my knowledge, that no part of the same is false, and that nothing material has been concealed.
DEPONENT
IN THE COURT OF Name of the Judge/Presiding Officer of the court; Designation of the Judge (e.g., ACJ-cum-ARC); DIST. District of the court; Court complex (e.g., Tis Hazari Courts), City where the court is located.
RC ARC NO. RC ARC case number OF Year of the RC ARC case number.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
Respondents' names: RESPONDENTS
AFFIDAVIT
I, Deponent's (Respondent no.7) name, S/o Sh. Deponent's (Respondent no.7) father's name, R/o Deponent's (Respondent no.7) address, do hereby solemnly affirm and declare as under:
1.That I am the Respondent no.7 in the above noted case, am well conversant with the facts of the case, and am competent to swear this affidavit.
2.That the contents of the accompanying Application under Section 151 of the Code of Civil Procedure, 1908 have been drafted by my counsel under my instructions, and the contents of the same are true and correct to my knowledge. Nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at Place of verification (Respondent no.7 affidavit) on Verification date (Respondent no.7 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 Name of the Judge/Presiding Officer of the court; Designation of the Judge (e.g., ACJ-cum-ARC); DIST. District of the court; Court complex (e.g., Tis Hazari Courts), City where the court is located.
RC ARC NO. RC ARC case number OF Year of the RC ARC case number.
IN THE MATTER OF :-
Petitioner's name: PETITIONER
VERSUS
**Respondents' names: RESPONDENTS**
AFFIDAVIT
I, Deponent's (Respondent no.8) name, S/o Sh. Deponent's (Respondent no.8) father's name, R/o Deponent's (Respondent no.8) address, do hereby solemnly affirm and declare as under:
1.That I am the Respondent no.8 in the above noted case, am well conversant with the facts of the case, and am competent to swear this affidavit.
2.That the contents of the accompanying Application under Section 151 of the Code of Civil Procedure, 1908 have been drafted by my counsel under my instructions, and the contents of the same are true and correct to my knowledge. Nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at Place of verification (Respondent no.8 affidavit) on Verification date (Respondent no.8 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