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 TRANSFER OF PROPERTY ACT, 1882 (PAPER 06 Q.NO. 201 TO 240)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 03 Q. NO. 81 TO 120)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 03 Q.NO. 81 TO 120)

DELHI LOWER JUDICIAL SERVICES 2018-2

THE INDIAN CONTRACT ACT, 1872 (PAPER – 17 Q. NO. 561 TO 595)

CLAT 2018

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

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 07 Q. NO. 241 TO 280)

THE CHHATTISGARH RENT CONTROL ACT, 2011 (PAPER 01 Q. NO. 1 TO 8)

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

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 19 Q. NO. 721 TO 760)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 06 Q. NO. 201 TO 240)

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

CLAT 2021

JHARKHAND LOWER JUDICIAL SERVICES 2019

THE INDUSTRIAL DISPUTES ACT, 1947 (PAPER 01 Q. NO. 1 TO 15)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 01 Q. NO. 1 TO 35)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 09 Q. NO. 321 TO 360)

G.K. PUNJABI – 01 GGSSS BNL

SAMPLE PAPER 01

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 21 Q. NO. 801 TO 840)

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-1

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 12 Q. NO. 441 TO 480)

THE LIMITATION ACT, 1963 (PAPER 04 Q. NO. 121 TO 160)

CHHATTISGARH LOWER JUDICIAL SERVICES 2019

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 06 Q. NO. 201 TO 240)

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

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-1

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 04 Q. NO. 121 TO 160)

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

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

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019-2

AILET – National Law University Delhi Entrance Test (NLU 2019)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 19 Q. NO. 721 TO 760)

AILET – National Law University Delhi Entrance Test (NLU 2022)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 08 Q. NO. 281 TO 320)