PRINCE KHAN vs PAWAN KUMAR

Judgment text excerpt

$~50 * 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, Signature Not Verified Digitally Signed CM(M) 475/2025 1 By:SONIA THAPLIYAL Signing Date:30.04.2025 19:41:35 apparently, filed written statement. 7. Based on such written statement, which had been filed by the defendant before the previous Court, the plaintiff moved an application under Order XII Rule 6 CPC before the Learned Commercial Court and such application was taken up by the learned Court on 08.05.2024. Relying on certain admissions made in the abovesaid written statement, the petitioner herein suffered an admission decree and was directed to hand over the possession of the suit property. 8. Admittedly, such possession has already, now, been received back by the plaintiff. 9. Since the suit had been re-insti