Whether a party can file a revision if he has withdrawn the appeal without leave of court?

  It is a settled position that against an order dismissing an

eviction petition filed under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, remedy is only by way of a revision petition under Section 25B(8) of the Delhi Rent Control Act. Petitioner appears to have been incorrectly advised to file an appeal and since the appeal itself was not maintainable, nothing prevents the petitioner from filing a revision petition under Section 25B(8) of the Delhi Rent Control Act. Petitioner does not need express permission or leave to file a revision under Section 25B(8) of the Delhi Rent Control Act.{Para 10}

11. In my view, no express leave or liberty is required by the

petitioner to file a revision petition after withdrawing his appeal which was filed before a wrong forum especially in view of the objections specifically having been taken by the respondent that the appeal was not maintainable and only a revision under Section 25B(8) of the Delhi Rent Control Act would lie required.

 IN THE HIGH COURT OF DELHI AT NEW DELHI

CM(M) 527/2020

RAGHUBIR KAUR Vs  SURESH KUMAR 

Coram: HON’BLE MR JUSTICE SANJEEV SACHDEVA

 Judgment delivered on: 10.12.2020

1. The hearing was conducted through video conferencing.

CM (M) 527/2020 & CM APPL.27196/2020 (under Order 22 Rule

3)

2. Petitioner impugns order dated 07.10.2020, whereby,

application of the petitioner seeking leave to withdraw the appeal with

liberty to file a revision petition has been partly allowed inasmuch as

the appeal has been dismissed as withdrawn, without granting any

express liberty to file a revision petition.

3. Petitioner had filed an eviction petition under Section 14(1)(e)

read with section 25B of the Delhi Rent Control Act, which petition

was dismissed by order dated 05.06.2018.

4. Impugning the order dismissing the eviction petition, petitioner

filed the subject appeal before the Rent Control Tribunal under

Section 38 of the Delhi Rent Control Act.

5. During arguments in the appeal, written arguments were filed

by the respondent contending that an appeal was not maintainable and

the remedy of the petitioner was only by way of a revision petition

under Section 25B(8) of the Delhi Rent Control Act.

6. Faced with the objection taken in the written arguments,

petitioner filed the subject application seeking permission to withdraw

the appeal with liberty to file a revision petition.

7. Learned counsel for the petitioner submits that in view of the

fact no express liberty has been granted to the petitioner, petitioner

would be precluded from filing a revision petition.

8. This is disputed by learned counsel for the respondent, who

submits that the remedy of the petitioner was to file a revision petition

under Section 25B(8) of the Delhi Rent Control Act because Section

25 B is a separate Code in itself and it expressly provides for a remedy

of the revision against the order allowing or dismissing an eviction

petition filed under Section 14(1)(e) read with Section 25B of the

Delhi Rent Control Act.

9. In my view the petitioner has filed the present petition merely

on an apprehension that his revision petition is not likely to be

entertained, if filed.

10. It is a settled position that against an order dismissing an

eviction petition filed under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, remedy is only by way of a revision

petition under Section 25B(8) of the Delhi Rent Control Act.

Petitioner appears to have been incorrectly advised to file an appeal

and since the appeal itself was not maintainable, nothing prevents the

petitioner from filing a revision petition under Section 25B(8) of the

Delhi Rent Control Act. Petitioner does not need express permission

or leave to file a revision under Section 25B(8) of the Delhi Rent

Control Act.

11. In my view, no express leave or liberty is required by the

petitioner to file a revision petition after withdrawing his appeal which

was filed before a wrong forum especially in view of the objections

specifically having been taken by the respondent that the appeal was

not maintainable and only a revision under Section 25B(8) of the

Delhi Rent Control Act would lie required.

12. The impugned order does not require any interference. Petition

is dismissed with the above observation.

13. Copy of the judgment be uploaded on the High Court website

and be also forwarded to learned counsels through email.

DECEMBER 10, 2020 SANJEEV SACHDEVA, J

st

Digitally Signed By:KUNAL

MAGGU

Signing Date:10.12.2020 22:13:42

This file is digitally signed by PS

to HMJ Sanjeev Sachdeva.

Signature Not Verified

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