Sh. Deepak Sapra vs Sh. Arun Gupta & Ors on 15 January, 2015

*     IN THE HIGH COURT OF DELHI AT NEW DELHI


+     RC.REV. 182/2014 and CM No. 9253/2014 (Stay)

%                                            Decided on: 15th January, 2015

      SH. DEEPAK SAPRA                                      ..... Petitioner
                    Through:              Mr. Zishaan Iskandari and Mr. Pranay
                                          Jha, Advocates.
                          versus

      SH. ARUN GUPTA & ORS                                  ..... Respondents
                   Through:               Mr. S.N.Gupta, Mr. Pushti Gupta and
                                          Mr. Nishtha Garg, Advocates.

Coram:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)

1. The Petitioner is aggrieved by the order dated 28 th February, 2014 whereby the eviction petition of the Respondents was allowed and order of eviction was passed against the Petitioner under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (in short „the DRC Act‟).

2. The impugned order was passed for the reason that despite service of summons in the prescribed form under Schedule-III of the DRC Act being served on the Petitioner by way of ordinary process on 17 th January, 2014 and also by Registered Post no application for leave to defend was filed within the prescribed period. It is trite law as laid down in Prithpal Singh vs. Satpal Singh, 2010 (2) SCC 15 that no extension of time can be granted in filing the leave to defend application.

3. The contention of the learned counsel for the Petitioner before this Court is that summons by ordinary process were not served on the Petitioner and hence the same w