IN THE COURT OF SH. XXXX; LD. ACJ-CUM-ARC; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

RC ARC NO. XXX OF 2020.

IN THE MATTER OF :-

XXXXXX                      : PETITIONER

VERSUS

XXXXXX            : RESPONDENTS

D.O.H.: XXXX

APPLICATION ON BEHALF OF APPLICANTS / RESPONDENTS NO.1 TO 3, 7 & 8  UNDER SECTION 151 CPC FOR RECALLING ORDER DATED 20.12.2023 PASSED BY THIS HON’BLE COURT.

MOST RESPECTFULLY SHOWETH:-

1.                 That the present petition U/s 14(1)(e) and 25(b) of Delhi Rent Control Act, for bonafide requirement has been filed by the Petitioner against the Respondents and same is pending before this Hon’ble Court for arguments on application for leave to defend filed by the Respondents no.4,5 & 6 for XXXX.

2.                 That on XXXX the Applicants / Respondents no.1 to 3, 7 and 8 herein have first time came to the knowledge about the pendency of the present case, when the Applicants herein and counsel for the Respondent no.4, 5 and 6 met in another case proceeding title XXXXX before the Court Sh. XXXX; Ld. CJ-1; Dist. Central; Tis Hazari Courts, Delhi listed on XXXX and counsel for the Respondent no.4 to 6 told about the present proceeding shown file of the present case. Immediately thereafter, the present Respondents / Applicants without wasting any further time, engaged the present counsel.  It is pertinent to mention herein that while going through the case file by the counsel for the Applicants / Respondents, it has been found that the Petitioner was served the summons at same address of the rest of the Respondent no.4 to 6 and cleverly mentioned the two addresses as one address wherein the summons of this Hon’ble Court was not effective to the present Applicants / Respondents. For kind perusal and convenience of this Hon’ble Court reproduce herein the addresses as mentioned by the Petitioner in the memo of parties, petition and summons of the this Hon’ble Court;-

“XXXXXX

Also known as

XXXXXXX.”

3.                 It was easily found the cleverness of the Petitioner by mentioned “also known as” instead of “also at”, resulting which the address of Applicants is XXXXX, but which treated as H. No. XXXXX and the process server of this Hon’ble Court was served all the summons and notices at the address which mentioned as also known as H.No. XXXXXX instead of address at XXXXX. It is also evident from the petition filed by the Petitioner and record before this Hon’ble Court. This claver drafting of the Petitioner in address of the Respondents was only to mislead this Hon’ble Court for taking wrongful gain in the present case and cause wrongful loss to the Applicants / Respondents herein.

4.                 It is submitted that the summons of this Hon’ble Court was not served to the present Respondents / Applicants at the address mentioned in the petition as well as memo of parties of the Petitioner and the service was not affected due to address mentioned cleverly by the Petitioner. The knowledge of the present case was latest on XXXXX as such the present application is being moved before this Hon’ble Court for recall the order dated XXXX of publication and affixation of notice, through the present application the present Respondents / applicants also caused their appearance before this Hon’ble Court seeks the permission to allow them to file leave to defend in the present case.

5.                 That no prejudice will be caused to the Petitioner in case the present application is allowed.

PRAYER:-

          In view of the above, it is most respectfully prayed that this Hon’ble Court may kindly recall order dated XXXX and allow the Applicants / Respondents herein to file leave to defend in the present case and also cause their appearance in the present case, in the interest of justice.

Any other and further relief which this Hon’ble Court deem fit and necessary in the circumstances explained above, may also be passed in favour of the Applicants/Respondents no. 1 to 3, 7 & 8.

It is prayed accordingly.

DELHI                                    RESPONDENT NO.1 TO 3, 7 & 8  

THROUGH

DATED

COUNSEL

IN THE COURT OF SH. XXXXX; LD. ACJ-CUM-ARC; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

RC ARC NO. XXX OF 2020.

IN THE MATTER OF :-

XXXXXXXX                                             : PETITIONER

VERSUS

XXXXXXXX.               : RESPONDENTS

AFFIDAVIT

I, XXXXX, S/o XXXX R/o XXXXX., do hereby solemnly affirm and declare as under:

1.                 That I am the Respondent no.1 in the above noted case and well conversant with the facts of the case and competent to swear the present affidavit.

2.                 That the contents of above accompanying Application under Section 151 of CPC has been drafted by my counsel under my instructions and the contents of the same are true and correct to my knowledge and nothing material has been concealed.

DEPONENT

VERIFICATION:

Verified at New Delhi on ___ this day March, 2024 that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed. 

DEPONENT

IN THE COURT OF SH.XXXXX; LD. ACJ-CUM-ARC; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

RC ARC NO. XXXX OF 2020.

IN THE MATTER OF :-

XXXXXXX           : PETITIONER

VERSUS

XXXXXXX          : RESPONDENTS

AFFIDAVIT

I, XXXXXX, S/o XXXXXX R/o XXXXXXX, do hereby solemnly affirm and declare as under:

1.       That I am the Respondent no.2 in the above noted case and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of above accompanying Application under Section 151 of CPC has been drafted by my counsel under my instructions and the contents of the same are true and correct to my knowledge and nothing material has been concealed.

DEPONENT

VERIFICATION:

Verified at New Delhi on ___ this day March, 2024 that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed. 

DEPONENT

IN THE COURT OF SH. XXXXXXX; LD. ACJ-CUM-ARC; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

RC ARC NO. XXX OF 2020.

IN THE MATTER OF :-

XXXXXXX : PETITIONER

VERSUS

XXXXXXX : RESPONDENTS

AFFIDAVIT

I, XXXXX, S/o XXXXX R/o XXXXX do hereby solemnly affirm and declare as under:

1.       That I am the Respondent no.3 in the above noted case and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of above accompanying Application under Section 151 of CPC has been drafted by my counsel under my instructions and the contents of the same are true and correct to my knowledge and nothing material has been concealed.

DEPONENT

VERIFICATION:

Verified at New Delhi on ___ this day March, 2024 that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed. 

DEPONENT

IN THE COURT OF SH. XXXXX; LD. ACJ-CUM-ARC; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

RC ARC NO. XXX OF 2020.

IN THE MATTER OF :-

XXXXXXX                              : PETITIONER

VERSUS

XXXXXXX          : RESPONDENTS

AFFIDAVIT

I, XXXXX, S/o XXXXX R/o XXXXXXXX do hereby solemnly affirm and declare as under:

1.       That I am the Respondent no.7 in the above noted case and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of above accompanying Application under Section 151 of CPC has been drafted by my counsel under my instructions and the contents of the same are true and correct to my knowledge and nothing material has been concealed.

DEPONENT

VERIFICATION:

Verified at New Delhi on ___ this day March, 2024 that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed. 

DEPONENT

IN THE COURT OF SH. XXXXX; LD. ACJ-CUM-ARC; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.

RC ARC NO. XXX OF 2020.

IN THE MATTER OF :-

XXXXXXX                                                : PETITIONER

VERSUS

XXXXXXX          : RESPONDENTS

AFFIDAVIT

I, XXXXXX, S/o XXXXX R/o XXXXXXXX ., do hereby solemnly affirm and declare as under:

1.       That I am the Respondent no.8 in the above noted case and well conversant with the facts of the case and competent to swear the present affidavit.

2.       That the contents of above accompanying Application under Section 151 of CPC has been drafted by my counsel under my instructions and the contents of the same are true and correct to my knowledge and nothing material has been concealed.

DEPONENT

VERIFICATION:

Verified at New Delhi on ___ this day March, 2024 that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed. 

DEPONENT