A files a petition for eviction under the Delhi Rent Control Act, 1958 against ‘B’ before the Court of the Additional Rent Controller. ‘C’ thereafter files a suit in the Court of the Civil Judge for declaration that it is infect he i.e. ‘C’ who is tenant in the premises under and alleging that ‘A’ has intentionally instituted the petition against ‘B’ who is in collusion with ‘A’, to obtain an eviction order and to in execution thereof in fact evict ‘C’ from the premises. ‘C’ along with the said suit also files an application for interim injection to restrain ‘A’ from proceeding further with the eviction petition in the Court of the Additional Rent Controller:

Option A: C’ is entitled to such interim injunction

Option B: C’ is not entitled to such interim injunction

Option C: The two proceedings are to be clubbed for trial together

Option D: The suit filed by ‘C’ is misconceived and liable to be rejected

Correct Answer

Option: b

Explanation

Order 39 CPC. ‘C’ is not entitled unless he is made a party.

Sample Mock Tests for Practice

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-1

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 18 Q. NO. 681 TO 720)

HARYANA LOWER JUDICIAL SERVICES 2021

DELHI LOWER JUDICIAL SERVICES 2022

THE INDIAN CONTRACT ACT, 1872 (PAPER – 09 Q. NO. 281 TO 315)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 04 Q. NO. 121 TO 160)

THE LIMITATION ACT, 1963 (PAPER 07 Q. NO. 241 TO 269)

DELHI LOWER JUDICIARY 2011

THE HINDU MARRIAGE ACT, 1955 (PAPER -3 Q. NO. 51 TO 75)

UTTAR PARDESH LOWER JUDICIAL SERVICES LAW EXAM 2018

THE WILD LIFE PROTECTION ACT, 1972 (PAPER 01 Q. NO. 1 TO 25)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 18 Q. NO. 596 TO 636)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-2

THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 (PAPER -01 Q. NO. 1 TO 14)

THE LIMITATION ACT, 1963 (PAPER 06 Q. NO. 201 TO 240)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 07 Q. NO. 241 TO 280)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 11 Q. NO. 351 TO 385)

CHHATTISGARH LOWER JUDICIAL SERVICES 2020

THE CONSTITUTION OF INDIA, 1949 (PAPER – 08 Q. NO. 246 TO 280)

HARYANA LOWER JUDICIAL SERVICES 2018

CLAT 2012

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2013

THE LIMITATION ACT, 1963 (PAPER 05 Q. NO. 161 TO 200)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 17 Q. NO. 641 TO 680)

AILET – National Law University Delhi Entrance Test (NLU 2013)

THE SALE OF GOODS ACT, 1930 (PAPER – 01 Q. NO. 1 TO 35)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2021

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 02 Q. NO. 31 TO 60)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 15 Q. NO. 561 TO 600)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 18 Q. NO. 681 TO 720)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 04 Q. NO. 106 TO 140)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 07 Q. NO. 241 TO 280)

THE MAHARASHTRA RENT CONTROL ACT, 1999 (PAPER 01 Q. NO. 1 TO 15)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)