1B* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC. REV. 33/2010 ;;;.0"t'tioners VCTSUS SP MINOCHA ..... ResPondent Through : Mr. M.L. Mahajan with Mr. S.P. Gupta, Advs. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI ORDER o/o 29 '04.20t0 C.M. No.2587l2O1O (u/O 32 R-1&2 CPC) Notice. counsel for the respondent accepts notice and states that he does not wish to oppose the prayer made in the present application. This application is filed by the petitioner No.1 praying inter alia i=or permission to contest the present petition on behalf of her son, petitioner No.3. It is stated that the petitioner No,3 is mentally retarded and cannot defend his interests on his own and that the petitioner No.1 being his mother, has no interest adverse to that of the petitioner No.3 and that she is entitled to be appointed as his next friend to contest the present proceedings. RC.REV. 33/20L0 Page 1 of 3 \ ) Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified 7 The prayer made in the present application is allowed and the petitioner No.1 is permitted to be appointed as the next friend of the petitioner No.3 for the pUrposes of prosecuting the present proceedings. The application is disPosed of. RC.REV. 33 -O1O & CM No.4657 -^O1O The present petition is directed against the order dated 2Z.B.ZOO1 passed by the Additional Rent Controller dismissing the leave to defend application filed by the petitioners in reply to an eviction petition preferred by the respondent/landlord under Section 1a(1)(e) read with section 25-B of the Delhi Rent control Act in respect of a shop bearing No.5, private No. F-I4/20, Model Town-II, Delhi. After addressing arguments at some length, counsel for the respondent/landlord submits that he has no objection if the petitioners are granted leave to defend the eviction petition and the matter is remanded back to the trial court. Ordered accordingly. The order dated 22.8.2009 is set aside and the petitioners are granted leave to defend the eviction petition. They shall file their written statement within four weeks from today, with an advance copy RC.REV.33/2010 . Page2of3 to the respondent, who may file replication thereto, if any, within four weeks thereafter. Parties shall file their respective documents within eight weeks' while exchanging advance copies thereof with each other' List on 15th July , ZOIO before the Additional Rent Controller for further proceedings. Registry shall forthwith forward a copy of this order directly to learned Additional Rent Controller for perusal and compliance' The petition is disposed of along with the pending application' HIMA KOHLI,J APRIL sk RC. REV. 33/2OtO 29, 20L0 Page 3 of 3