Full Text
HIGH COURT OF DELHI
Date of Decision: 06th August, 2025
PREM LATA KABRA .....Petitioner
Through: Ms. Kavya Jhawar, Advocate.
Through: Ms. Bandana Kaur Grover, Mr. Rohit Gupta and Mr. Ashish Sharma, Advocates.
JUDGMENT
1. A very short point is involved in the present petition.
2. Petitioner is defending an eviction petition which has been filed on the ground of bona fide requirement, as contemplated under Section 14(1)(e) of Delhi Rent Control Act,1958.
3. An application seeking leave to defend was filed by the tenant and reply to the abovesaid application was also filed by the landlady.
4. The learned Controller granted time to the tenant to file rejoinder but since the rejoinder was not filed within the time granted by the Court, the application filed by the tenant under Section 151 CPC, for allowing her to submit her rejoinder, has been dismissed.
5. Such order is under challenge.
6. Learned counsel for respondents/landlady appears on advance notice. CM(M) 1462/2025 2
7. It is submitted that the next date in the abovesaid matter is 31.11.2025 when the learned Controller would hear arguments on leave to defend application.
8. Learned counsel for respondent/landlady submits that though the petitioner herein is not entitled to be given any further indulgence, without prejudice to her rights and contentions, she would have no objection if she is directed to submit rejoinder affidavit within two working days from today, albeit, subject to some condition.
9. Learned counsel for petitioner submits that the rejoinder is virtually, ready and would be submitted before the learned Controller by 08.08.2025.
10. In view of above assurance given by learned counsel for petitioner and after hearing learned counsel for respondent, the present petition is disposed of with direction that let such rejoinder be filed on or before 08.08.2025 and for causing delay in the matter, the petitioner is burdened with cost of Rs.10,000/- which shall be payable to the respondent/landlady on the date fixed before the learned Controller i.e. 31.11.2025.
11. Needless to clarify, the rejoinder shall be, strictly, within the permissible confines.
12. The present petition is disposed of in aforesaid terms.
13. The pending application also stands disposed of in aforesaid terms.
JUDGE AUGUST 6, 2025/ss/js