Delhi District Court
Shree Sanatan Dharm Mandir (Regd.) vs Sh. Jivesh Sharma on 8 May, 2018
IN THE COURT OF SH. RAJINDER SINGH
SCJ/RC(WEST), TIS HAZARI COURTS, DELHI
RC/ARC. No. 25734/16
In the matter of:
Shree Sanatan Dharm Mandir (Regd.)
Through it's Secretary / Authorized Representative,
Lal Mandir, East Patel Nagar,
New Delhi - 110008.
........Petitioner
Versus
Sh. Jivesh Sharma
S/o Late Sh. Krishan Lal Sharma
Shop in Lal Mandir, East Patel Nagar,
New Delhi - 110008.
.......Respondent
Date of filing of the petition : 27.04.2015 Date of reserving for order : 28.02.2018* Date of pronouncement : 08.05.2018
* 28.03.2018, no order was passed as I had gone for meeting. ORDER ON THE APPLICATION UNDER SECTION 151 CPC FILED BY THE PETITIONER
1. Petitioner has filed the present eviction petition under Section 22 of the DRC Act. It is stated that the petitioner is a registered society engaged in Religious as well as Charitable activities like holding prayers, religious discourses, charitable dispensary, library and other purposes useful and beneficial for the society.
Order RC/ARC. No. 25734/16 Shree Sanatan Dharm Mandir (Redg.) Vs. Jivesh Sharma Page..... 1/4
2. In the application under Section 151 CPC, it is prayed that the site plan of the tenanted premises and some other documents like photographs, certificate of registration of the petitioner society and the letter head of the Charitable Dispensary may be allowed to be taken on record.
3. It is further submitted that at the time of filing the petition, the said site plan was inadvertently left in the file of the Ld. Counsel.
4. Reply filed by the respondent. It is contended that the petitioner is trying to fill up the lacuna in terms of Section 22 of DRC Act.
5. Arguments heard.
5.1 Ld. Counsel for the petitioner / applicant submitted in terms of the contents of the application.
5.2 It was submitted on behalf of the respondent / nonapplicant that the present application has been moved after the respondent took objection in terms of Section 22 of DRC Act. Petitioner is trying to fill up the lacuna in its case.
6. REASONS FOR ORDER:
6.1 In the application, it is specifically mentioned that the Order RC/ARC. No. 25734/16 Shree Sanatan Dharm Mandir (Redg.) Vs. Jivesh Sharma Page..... 2/4 petitioner society is engaged in religious as well as charitable purposes including Charitable dispensary.
6.2 A list of documents was filed along with application. As per this list, copy of registration certificate of the petitioner society, site plan of the tenanted premises, some photographs (showing the road outside the temple / tenanted premises and meeting held inside the temple), letter heads of S. D Charitable Poly Clinic and resolution substituting Sh.
Jai Prakash as AR of petitioner society are to be filed. 6.3 It is already mentioned in the petition that the petitioner is a registered society. As such, it is necessary to file certificate of registration. Site plan is also mandatory for effective adjudication of eviction petition. The photographs filed by the petitioner show the road in front of the petitioner society / temple. They also show the prayer hall inside the temple. These photographs are necessary for better understanding of facts and circumstances of the case. In the petition, the petitioner claims that they are running a Charitable Dispensary. To substantiate this submission, petitioner has filed the letter heads of the said Charitable Dispensary. These documents are necessary for effective adjudication of Order RC/ARC. No. 25734/16 Shree Sanatan Dharm Mandir (Redg.) Vs. Jivesh Sharma Page..... 3/4 the present matter.
7. In view of the above, the application Under Section 151 CPC is allowed.
8. Put up for arguments on the application seeking leave to defend on 26.07.2018.
PRONOUNCED IN THE OPEN (RAJINDER SINGH) COURT ON 08.05.2018 SCJ/RC(WEST)/ DELHI Order RC/ARC. No. 25734/16 Shree Sanatan Dharm Mandir (Redg.) Vs. Jivesh Sharma Page..... 4/4