Delhi High Court - Orders
Sh. Jai Prakash Jain vs Sh. Dinesh Kumar Gupta on 21 August, 2025
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 307/2023
SH. JAI PRAKASH JAIN .....Petitioner
Through: Mr. Manu Nayar with Mr. Vaibhav
Kush, Mr. N.Kumar, Advocates.
Mr. Jaideep Singh, Advocate.
versus
SH. DINESH KUMAR GUPTA .....Respondent
Through: Mr. K. C. Mittal with Mr. Yugansh
Mittal, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 21.08.2025 CM APPL. 49945/2025 (exemption) Exemptions granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.
CM APPL. 49944/2025 (clarification of order dated 17.04.2025) By way of the present application filed under section 151 of the Code of Civil Procedure 1908, the applicant/Nitin Jain, who claims to be a co-tenant of the subject premises, seeks clarification of para 5 of order dated 17.04.2025where it was observed as under:
"In view of what has been recorded in order dated 30.01.2024, the learned ARC is requested to decide the impleadment application made by Mr. Nitin Jain as expeditiously as possible, and in any event within 03 months from the next date before the learned ARC."RC.REV. 307/2023 Page 1 of 4
This is a digitally signed order.
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2. Mr. Manu Nayar, learned counsel appearing for the applicant submits, that in the course of proceedings before the learned Rent Controller in RC ARC No.23/2021, vide order dated 09.07.2025 the learned Rent Controller has expressed a doubt in the following words:
"Part arguments heard on behalf of the objector. The Ld. counsel for objector has relied on the judgment passed by the Hon'ble High Court of Delhi in Vidyawati Vs. Taken Dass and submits that the Rent Controller has to decide the application as per civil procedure. In the order dated 17.04.2025 passed by the Hon'ble High Court of Delhi, which was placed on record on 31.05.2025, directions have been given to dispose off the impleadment application within 3 months from 31.05.2025.
There is no impleadment application filed by the objector Nitin Jain before this Court. The Ld. counsel for objector submits that application u/s 25 DRC would ultimately decide if the objector is to be impleaded. Since the Ld. counsel for objector has himself relied upon Vidyawati Judgment and because civil procedure is to be applied u/s 25 DRC application, he is questioned how the arguments on application u/s 25 DRC can be heard without application u/s 1 Rule 10 CPC. He is further questioned how the directions passed by the Hon'ble Court dated 17.04.2025 can be applied to application u/s 25 DRC as the orders are specific to the impleadment application and they were passed on the submission of counsel for objector before the Hon'ble Court that impleadment application is pending.
***** "At this stage, the counsel for objector submits that he will seek clarifications from the Hon'ble Court."
(bold in original)
3. Mr. Nayar submits, that the applicant had filed an application under the proviso to section 25 of the Delhi Rent Control Act 1958 ('DRC Act'), since it is the applicant's contention that the applicant is independently a co-tenant in the subject premises; and eviction order dated 28.04.2023 has come to be passed without the applicant having been made a party to the eviction petition or having been heard otherwise.
4. Issue notice.
RC.REV. 307/2023 Page 2 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2025 at 22:35:34
5. Mr. K. C. Mittal, learned counsel appears on behalf of the respondent on advance copy; accepts notice; and submits that the application under the proviso of section 25 of the DRC Act has been filed by the applicant both in RC ARC No.23/2021 as well as in Ex.P.851/2023 only in order to delay the execution of the eviction order; and to prevent the respondent from obtaining vacant, physical possession of the subject premises.
6. Mr. Mittal argues, that an application under the proviso to section 25 DRC Act is maintainable only in the execution proceedings and not in the eviction petition itself.
7. Mr. Nayar submits, that the applicant has filed an application under the proviso to section 25 of the DRC Act; andwishes to press his application, regardless of whether such application is considered in the eviction proceedings or in the execution proceedings.
8. Upon being queried, Mr. Nayar confirms that the applicant has not filed any impleadment application in either of those proceedings.
9. In the aforesaid circumstances, the present application is disposed-of observing that the reference in para 5 of order dated 17.04.2025 is to the application filed by the applicant/Nitin Jain under the proviso to section 25 of the DRC Act; and it is left open to the learned Rent Controller to decide the application in the eviction petition or in the execution petition, in accordance with law.
10. Needless to add that the respondent shall be at liberty to argue against the maintainability of such application in the aforesaid proceedings.
RC.REV. 307/2023 Page 3 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2025 at 22:35:34
11. In view of what was observed in para 5 of order dated 17.04.2025, it is directed that the question of maintainability of the application under the proviso to section 25 of the DRC Act will be decided by the learned Rent Controller within 03 months from today.
12. Furthermore, the respondent is also at liberty to seek advancement of the date of hearing before the learned Rent Controller, which is otherwise posted on 06.10.2025.
13. The application stands disposed-of in the above terms.
RC.REV. 307/202314. Re-notify before the Roster Bench on 03rd September 2025.
ANUP JAIRAM BHAMBHANI, J AUGUST 21, 2025 ds RC.REV. 307/2023 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2025 at 22:35:34