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9. The applicant filed a suit for possession and damages bearing no 62/2001 against the respondent which was dismissed by the court of the Additional District Judge vide judgment dated 29.07.2005. The applicant preferred an Appeal bearing RFA no 650/05.

10. The appellant also filed a civil suit titled as Kranti Arora V M/S Birla VXL Ltd. bearing no 1444/1998 for possession and damages against the respondent in respect of flat bearing no 12, 3-4, South End Lane, New Delhi which was contested by the respondent. The respondent filed an application bearing IA no. 3185/99 under section 50 of the Delhi Rent Control Act read with Article 141 of the Constitution and Order VII Rule 11 CPC which was rejected vide order dated 16.05.2000 passed by learned Single Judge of this court. The respondent filed an application bearing IA no 5528/2003 for impleading O.P. Khaitan (HUF) i.e. the applicant and Birender Amarjit Singh as the defendant no 2 & 3. The application was contested by the applicant. The said application was allowed to be dismissed as withdrawn vide order dated 11.08.2005 passed by learned Single Judge of this court. The title of the respondent in the suit was allowed to be amended from VXL to Digjam Ltd. vide order dated 05.11.2008. The learned Single Judge of this court vide judgment delivered on 07.12.2010 dismissed the suit bearing no 1444/1998 by holding that the suit is not maintainable in view of bar of section 50 of the Delhi Rent Control Act. The appellant being aggrieved filed the present Appeal.