SH. SURESH CHAND SHARMA & ORS. vs NORTH DELHI MUNICIPAL CORPORATION & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 17 December 2024 Judgment pronounced on: 08 January 2025 + FAO 106/2023 SH. SURESH CHAND SHARMA & ORS. .....Appellants Through: Mr. Shailender Negi, Adv. versus NORTH DELHI MUNICIPAL CORPORATOIN & ORS. ....Respondents Through: Ms. Puja S. Kalra, SC with Mr. Virendra Singh, Adv. with Mr. Sanjay Chauhan, AO, KPZ, MCD. CORAM: HON’BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA JUDGMENT 1. This first appeal is preferred by the appellants under Section 104 (1) (i) read with Order XLIII Rule 1 (a) and Section 151 of the Code of Civil Procedure, 1908 [“CPC”] assailing the impugned order dated 19.02.2022 passed by the learned Additional District Judge-08, West District, Tis Hazari Courts, Delhi [“learned ADJ”], whereby the suit1 filed by the appellants was returned in terms of Order VII Rule 10 of the CPC for its presentation before the appropriate forum. 2. Having heard the learned counsels for the parties and on perusal of the record, we find that that impugned order dated 19.02.2022 cannot be sustained in law. 1CS No. 1027/2018 titled as „Suresh Chand Sharma & Ors. v. North Delhi Municipal Corporation‟ Signature Not Verified FAO 106/2023 Digitally Signed By:PRAMOD Page 1 of 7 KUMAR VATS Signing Date:09.01.2025 11:01:25 3. Shorn of unnecessary details, the appellants instituted a suit against the respondents on the foundation that they are hawkers/street vendors carrying on their vending activity for more than three decades, and lastly, they were carrying on business from an authorized squatting zone at Sports Complex Supporting Wall opposite Balaji Action Hospital, Delhi by virtue of being tehbazari holders in the name of the appellants No. 1 and 2 whereas as appellant No.3 being the wife a