ASHOK KUMAR vs SITARA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 11th November 2024 Judgment pronounced on: 24th January 2025 + CM(M) 3798/2024 ASHOK KUMAR .....Petitioner Through: Mr. Abin B. Kurian, Advocate. versus SITARA & ORS. .....Respondents Through: Mohd. Elahi, Advocate R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. CM APPL.65835/2024 (Exemption) Allowed, subject to all just exceptions. The application stands disposed of. CM(M) 3798/2024 & CM APPL.65834/2024 1. The present petition under Article 227 of the Constitution of India has been filed by the petitioner assailing the order dated 01.10.2024, passed by the learned trial court, whereby, the application of the petitioner filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 [“Code”], seeking permission to amend his written statement was dismissed primarily on the ground that the facts sought to be incorporated by the petitioner in the written statement were Signature Not Verified Digitally Signed By:SUNITA KUMARI CM (M) 3798/2024 Signing Date:24.01.2025 Page 1 of 10 14:40:33 within his knowledge at the time of filing of the written statement and there is no reason seeking its incorporation in the written statement at a belated stage. 2. Respondent filed an Eviction Petition under Section 14 (1)(e) read with Section 25B of the Delhi Rent Control Act, 1958 [“DRC Act”] against the petitioner herein before the Rent Controller, Central District, Tis Hazari Court, Delhi. 3. An application for leave to defend filed by the petitioner was allowed by the trial court. Petitioner filed his written statement in the eviction petition. 4. Petitioner’s evidence was closed on 30.07.2024 and the matter was fixed for respondent evidence. 5. Petitioner filed an app