Drc act section 14 (1)(e)

deepak garg (Querist) 31 May 2013 This query is : Resolved
Dear sir
i have filed eviction petition under section 14 (1)(e) drc act.
respondent had filed leave to defend and i have filed reply to leave to defend application.
Now respondent had not filed rejoinder to my reply.
ld po gave next date for argument on LTD.
will i get any benefit as respondent had not filed rejoinder.

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R.K Nanda (Expert) 31 May 2013
yes,u will get benefit.

Raj Kumar Makkad (Expert) 31 May 2013
No. You shall not get any benefit if rejoinder has not been filed to your reply. The application shall be decided on merits.

R.K Nanda (Expert) 31 May 2013
by not filing rejoinder the respondant have

admitted new legal objections of ur reply

and thus u will get its benefit and court

will also pass order accordingly.

Raj Kumar Makkad (Expert) 31 May 2013
Filing rejoinder is not necessary in summary proceeding as DRC is not a regular court and only summary proceeding is applied there. No benefit out of non-filing of rejoinder shall go in your favour.

Supreme Court in a case reported as 43 (1991) Delhi Law Times 456, Emc Steel Limited. Calcutta v. Union of India and another has expressly overruled the view taken by the Delhi High Court in Dr. P.P. Kapur's case (supra), has clearly held in this respect.

R.K Nanda (Expert) 31 May 2013
if court has ordered respondant to file

rejoinder and he has not filed it then

u will get its benefit.

Raj Kumar Makkad (Expert) 31 May 2013
If and but definitely changes the situation but that if and but is not found in the query so simple reply is no benefit is going to be in favour of author.