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

THE CONSTITUTION OF INDIA, 1949 (PAPER – 02 Q. NO. 36 TO 70)

THE CHHATTISGARH EXCISE ACT, 1915 (PAPER 01 Q. NO. 1 TO 8)

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

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

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

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

DELHI LOWER JUDICIARY 2008

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 01 Q. NO. 1 TO 40)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2001

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2012

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 05 Q. NO. 161 TO 200)

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

THE COURT FEES ACT, 1870 (PAPER 01 Q. NO. 1 TO 7)

AILET – National Law University Delhi Entrance Test (NLU 2023)

CLAT 2023

AILET – National Law University Delhi Entrance Test (NLU 2012)

JHARKHAND LOWER JUDICIAL SERVICES 2019

UTTAR PARDESH LOWER JUDICIAL SERVICES LAW EXAM 2018

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 16 Q. NO. 601 TO 640)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 03 Q. NO. 81 TO 120)

THE COMMERCIAL COURTS ACT, 2015 (PAPER 01 Q. NO. 1 TO 12)

CLAT 2017

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 05 Q. NO. 141 TO 175)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-2

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 06 Q. NO. 201 TO 240)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

AILET – National Law University Delhi Entrance Test (NLU 2017)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 17 Q. NO. 641 TO 680)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 13 Q. NO. 481 TO 520)

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 01 Q. NO. 1 TO 30)

THE ADMINISTRATIVE TRIBUNALS ACT, 1985 (PAPER-01 Q. NO. 1 TO 21)

THE LAW OF ADMINISTRATION (PAPER 01 Q. NO. 1 TO 30)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 01 Q. NO. 1 TO 35)

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

MAHARASHTRA LOWER JUDICIAL SERVICES 2019