M/S FINE BOOT HOUSE & ORS vs BISHAN NARAIN MEHRA

Judgment text excerpt

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 07.03.2025 + RC.REV. 360/2015 & CM APPL. 12831/2015 M/S FINE BOOT HOUSE & ORS .....Petitioners Through: Mr. Amreek Singh, Advocate with Petitioners in person. versus BISHAN NARAIN MEHRA .....Respondent Through: Mr. Kanwal Chaudhary and Mr. Ankit Kumar, Advocates. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The present Petition seeks to challenge an order dated 27.01.2015 passed by the learned ACJ/RC Karkardooma Court, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Application for Leave to Defend/Contest filed by the Petitioners/tenants has been dismissed by the learned Trial Court. 1.1 The premises in issue are shop bearing No.94/5, 2 & 3, left side situated in the premises known as Shankar Market bearing No.94/1-94/6 Rly. Road, Shahdara, Delhi [hereinafter referred to as “subject premises”]. 2. This Court had previously heard this matter on 10.12.2024 when it was pointed out by the learned Counsel for the Petitioners/tenants that an inadvertent typographical error had crept into the Impugned Order which was overlooked by the learned Counsel for the Respondent/landlord. 3. Learned Counsel for the Respondent/landlord submit that pursuant Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:28.03.2025 RC.REV. 360/2015 Page 1 of 13 06:10:18 thereto, the Respondent/landlord had filed an Application before the learned Trial Court under Section 152 read with Section 151 of the Code of Civil Procedure, 1908 for correction of the typographical error as appearing in the Impugned Order. The Application was taken up for hearing by the learned Trial Court and by a consent order on 27.02.2025, the following directions were passed: “Ld