(Dipak Misra, A.M. Khanwilkar and Mohan M. Shantanagoudar, JJ.)
Mobin Ahmad ______________________________________ Appellant
v.
Gajender Singh ____________________________________ Respondent
Civil Appeal No. 3545 of 2017 [Arising out of SLP (C) No. 67 of 2016], decided on March 2, 2017
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard Ms. Sbobha, learned counsel for the appellant and Mr. Manoj Swarup, learned counsel for the respondent.
3. The present appeal, by special leave, calls in question the legal acceptability of the order dated 6.10.2015 passed by the High Court of Delhi at New Delhi in RC Rev. No. 398 of 2014. On a perusal of the order passed by the learned Single Judge, it is absolutely clear that apart from saying that the Revision is without any merit, the learned Judge has not adverted to any other aspect.
4. Learned counsel for the appellant would submit that both the rejection of leave to defend as well as the consequent order of eviction was challenged and, therefore, it was obligatory on the part of the learned Single Judge to advert to the merits of the case on both scores. Be that as it may, as no reasons have been ascribed, we are compelled to set aside the order and remit the matter to the High Court.
5. Resultantly, the appeal is allowed, the impugned order is set aside and the matter is remanded to the High Court with the stipulation that it shall endeavour to decide the Revision within a period of three months hence. Needless to say, liberty is granted to the appellant to move the High Court for consideration of any interim prayer. There shall be no order as to costs.
Petition(s) for Special Leave to Appeal (C) No(s). 67/2016
Mobin Ahmad ______________________________________ Petitioner
v.
Gajender Singh ____________________________________ Respondent
Date : 02/03/2017 This petition was called on for hearing today.
(Before Dipak Misra, A.M. Khanwilkar and Mohan M. Shantanagoudar, JJ.)
For Petitioner(s) Ms. Shobha, AOR
Mr. Bonny Mehraad, Adv.
For Respondent(s) Mr. Manoj Swarup, Adv.
Mr. Mukul Kumar, AOR
UPON hearing the counsel the Court made the following
Order
6. Leave granted.
7. The appeal is allowed in terms of the signed order, the impugned order is set aside and the matter is remanded to the High Court with the stipulation that it shall endeavour to decide the Revision within a period of three months hence. Needless to say, liberty is granted to the appellant to move the High Court for consideration of any interim prayer. There shall be no order as to costs.
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