PRINCE KHAN vs PAWAN KUMAR

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 30th April, 2025 CM(M) 475/2025, CM APPL. 14697/2025 & 14698/2025 PRINCE KHAN .....Petitioner Through: Mr. S.H. Ansari, Advocate. versus PAWAN KUMAR .....Respondent Through: Mr. Diwanshu Thakur, Advocate along with respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The situation in the present petition is little unusual. 2. The petitioner herein is defending a suit for possession, injunction and arrears of rent etc. 3. The suit was earlier filed as an ordinary suit. It seems that the plaintiff moved an application seeking return of such suit and once his application was allowed and the plaint was returned, the suit was instituted before a Commercial Court. 4. It was taken up by the learned Commercial Court on 30.01.2024 and summons were issued. 5. Admittedly, defendant was served with summons afresh on 22.02.2024. 6. Fact, however, remains that when the suit was being pursued as an ordinary suit, the same defendant had already participated therein and had, 7. Based on such written statement, which had been filed by the defendant before the previous Court, the plaintiff moved an application