Manas Mandir v. Smt. Lajwanti

INDERMEET KAUR, J MAY 11,2016 A t; .. a' // " • • - .• • -S' 1: .cfffiTS:," C.M. (M) Nos.940-941/2014

t * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment: ILO 5.2016 + CM(M) 941/2014 MANAS MANDIR ..... Petitioner Through Mr. Satish Sahai, Adv. versus SMT.LAJWANTI Respondent Through Mr. Preetjeet Singh, Adv. CORAM: HON'BLE MS. JUSTICE INBlmEgT^KAJ^^ INDERMEET KAUiC t. ~ For orders,^ee||rie of C.; MAY 11,2016 A mmoiA. INDERMEET mUR, J $-22 & * IN THE. HIGH COURT OF DELHI AT NEW DELHI % Date ofJudgment: 11.05.2016 + CM(M) 940/2014 MANAS MANDIR Q- Petitioner Through Mr. Satish Sahai, Adv. versus SHRI SUDHIR KUMAR RAKHEJA Respondent Through Mr. Preetjeet Singh, Adv. + CM(M) 941/2014 . : . MANAS MANDIIl'-. ,;,h -.-T " C ' ., . Petitioner jf j.:-',;TThrough Mr. Satish Sahai"-Adv;^. ff AN'Wersusg ^ I/'-' "1, SMT.LA^/a?TI n i/'.; - ^ J ^ / ..." Respondent i; Throiigh| X |Mr|,I^ee1jeet Singh, Adv.: CORAM: S HONHLE MS. klSTICE INDEMTigTp;^^ . -V-V %. i V ' Ta •> :•? _ VU '"T' INDERMEET ' •NU'- The petitioner is ug^rieyedvjb^^^ prdef.'dated 26.05.2014 vide which the application filed by him under S ection under Order 6 Rule 17 of the CPC seeking an arriendment in his eviction had been dismissed. He is aggrieved by this finding. Record shows that an eviction petition had been filed by the petitioner/landlord under Section 22 of the Delhi Rent Control Act (DRCA). The petitioner has been described 'Manas Mandir'. The sole defendant was C.M. (M)Nos.940-941/2014 the tenant namely Sudhir Kumar Raldieja. In the course of the proceedings, the present application came to be filed. Averments made in the present application have been perused. Contention is that certain amendments are sought to be made in the eviction petition as also the rejoinder, verification and supporting affidavits filed by the petitioner which had been filed through its two trustees (namely K.V.Khandelwal and Devender Kumar Kainth). The said trustees had been authorized by~Resolufioh (dated 06.04.2009) of the i: f'' T- Trust to file the eviction-petition. ThdrKaffidavits dn .support of the petition clearly describedfrustees as theyyu"stees;-bflthd Vishwa.Bhart^ Ved Ashram Trust. The prp'posed amendmeht0;"seel4fto place on record petitions, i-' »• H !.e U i'/ v:? i I d I'J, '{j ' f; ' ; rejoinders, verification and supppjtin^^ which would bear the W '. '. '.■Ji--. I.- i ! signature of Jai i^arain ' of Vishwa Bharti Ved Ashi-am'trh^t whibh utTh^ the first petition was inadvertently and due fo...a..bonafide-error left out. Submission is that admittedly the Vice-Chairman of the Trust is Jai Narain Khandelwal and the proposed amendments, if permitted, would only be to the effect that the amended petition, rejoinder, verification and the supporting affidavits already signed by the earlier two trustees (namely K.V.Khandelwal and Devender Kumar Kainth) would now also bear the signatures of the Vice- C.M. (M) Nos.940-941/2014 1- Chairman of the Trust. Learned counsel for the petitioner in support ot his submission has placed reliance upon (2006) 1 SCO 75 Udav Shankar Triyar Vs. Ram Kakwar Prasad Sin^h and Another, (2006) 6 SCO 498 Baldev Sinfrh & Others Vs.Mannhar Sin^h and Another as also (2003) 6 SCO 675 Surva Dev Rni Vs. Ram chander Rat and Others. Contention is that the defects in signing or the authority of person signing pleadings is a handmaid, of justice which is only a prodeto^grmality| 1^^ which is a liberal law must be ^eclated in ±c;66^pct Reply hadTefem^filed to tfifaf^|ibiei'^^ was denied that these are only b|nafide errors ani||l|yContention in the reply was that these defects w.|ld amount to fi|l|l|||ept.a dead horse. The nature of the case would chang^,,^ "/a a' In support of thiLu|tai^nsriparh^xOu^el;fe the respondent has placed reliance upon 1944 AIR lgontT^ AIR (SC) 680 Modi fipmninc ar-d We.avim Mtth Comvanv Limited Ki rndha Ram and Company. AIR 1977 SC 1222 Trimhak Gnpadhar Telanv and Another Vs. Pnmnhnndra Gan^^h Rhide and Other as also AIR 1994 SC 853 Ch^naalvarava Vnidu (dead) by T. Ha Vs. Jagannnih (dead) by L.R.s and Others. Submission being that t