Mr. R.Y. Kalia, Adv v. IQBAL SINGH ORS
Case Details
Acts & Sections
Through: Mr. R.Y. Kalia, Adv. versus ONKAR SINGH & ORS. .....Respondents Through: Mr. M. Salim, Mr. S. Salim, Advs. for CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU R-3 to 6 TARA VITASTA GANJU, J.: (Oral)
1. The present Petition has been filed on behalf of the Petitioner under Section 115 of the Code of Civil Procedure, 1908 [hereinafter referred to as “CPC”] against the order dated 07.02.2025 passed by learned Principal District and Session Judge, Central District, Tis Hazari Courts, Delhi [hereinafter referred to as “Impugned Order”]. By the Impugned Order, the Signature Not Verified Digitally Signed By:RAHUL Signing Date:31.05.2025 12:10:58 C.R.P. 121/2025 & connected matter Applications under Order XXII Rule 3 of the CPC filed by the Petitioner and other Legal Representatives of the deceased (widow of the deceased Petitioner and three daughters) have been allowed by the learned Trial Court.
2. Learned Counsel for the Respondent 3 to 6 raises an objection on the maintainability of the present Petition. It is submitted that the present Petition is challenging an order passed under Order XII Rule 3 of the CPC, and the same is not amenable to challenge under Section 115 of the CPC in view of the proviso to Section 115 of the CPC. Reliance is placed on the judgment of the Supreme Court in the case of Shiv Shakti Coop. Housing Society, Nagpur v. Swaraj Developers & Ors.1
2.1 It is further submitted that even on merits, the Impugned Order does not suffer from any infirmity since it is settled law that the learned Rent Controller cannot examine title disputes between the Parties.
3. Learned Counsel for the Petitioner, relying upon the judgment of the Supreme Court in the case of Mangluram Dewangan v. Surendra Singh & Ors2 submits that the appropriate remedy to challenge an order passed under Order XXII Rule 3 of the CPC would be a revision petition under Section 115 of the CPC, and thus this Petition is maintainable.
4. By the Impugned Order, learned Trial Court has allowed two Applications under Order XXII Rule 3 of CPC, which were filed by the Petitioner and other Legal Representatives of the deceased [widow of the deceased Petitioner and three daughters] in both the Appeals.