RAZIA SULTANA & ORS vs FAZAL UR REHMAN

Judgment text excerpt

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 07.04.2025 + C.R.P. 213/2019, CM APPL. 43380/2019 RAZIA SULTANA & ORS .....Petitioners Through: Mr. Manuj Aggarwal, Adv. versus FAZAL UR REHMAN .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition has been filed by the Petitioners under Section 115 of Code of Civil Procedure, 1908 (‘CPC’) seeking to challenge an order dated 18.07.2019 passed by Ld. Civil Judge, Central District, Tis Hazari Courts, Delhi [hereinafter referred to as ‘Impugned Order’]. By the Impugned Order, an Application under Order VII Rule 11 of CPC filed by the Petitioners (Defendants before the learned Trial Court) has been dismissed. 2. None appears for the Respondent. 3. A Coordinate Bench of this Court had by an order dated 27.09.2019 directed that the proceedings before the learned Trial Court shall remain stayed till the next date of hearing. The matter has continued as is since then. 4. Learned Counsel for the Petitioners makes two submissions. In the first instance, learned Counsel submits that the suit filed before the learned Trial Court is barred by the provisions of Section 50 of the Delhi Rent Signature Not Verified Digitally Signed By:RAHUL Signing Date:03.05.2025 C.R.P. 213/2019 Page 1 of 9 16:56:15 Control Act, 1958 [hereinafter referred to as ‘the DRC Act’] in view of the fact that the rental of the premises-in-issue is below Rs.3,500/- per month. Secondly, it is contended by the learned Counsel for the Petitioners that the suit is also not maintainable on account of deficiency in the Court Fees filed and for lack of pecuniary jurisdiction. 5. So far as concerns the plea taken by the Petitioners before this Court is that the suit is deficient