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HIGH COURT OF DELHI
RCR 244/2013 & CM No.10606/13(stay)
23rd September , 2014 DWARKA NATH ..... Petitioner
Through: Mr. Sunil Aggarwal, Adv.
Through
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. The impugned order which is challenged in this petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (in short ‘DRC Act’) is the order dated 28.2.2013 which has refused to condone the delay in filing the leave to defend application and has consequently decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the DRC Act.
2. The law is now well settled in view of the judgment of the Supreme Court in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs (2010) 2 SCC 15 that courts do not have powers to condone 2014:DHC:4912 RCR 244/2013 the delay of even one day and in the absence of leave to defend application contents of the eviction petition are deemed to be admitted under Section 25- B(4) of the DRC Act and therefore the eviction petition is to be decreed.
3. In view of the admitted fact that leave to defend application is not filed within the prescribed period, and this Court has no power to condone the delay in view of the judgment of the Supreme Court in the case of Prithipal Singh (supra), this petition is dismissed, leaving the parties to bear their own costs.
SEPTEMBER 23, 2014 VALMIKI J. MEHTA, J. ib