RAKESH KUMAR JAIN Vs. RAJENDER KUMAR RASTOGI

JUDGEMENT

(1.) Admit. With the consent of parties the matter has been heard and is being disposed of finally.

(2.) By order dated 21.12.99, the trial Court after having come to a finding that the petitioner was liable to pay rent Rs. 6,000.00per month directed the petitioner to pay the arrears of rent w.e.f. 1.8.96 @ Rs. 6,000.00 per month and continue to pay the same at the same rate for the subsequent period every month till the final decision in the suit. This order was not challenged by the petitioner. Since this order was not complied with the plaintiff/respondent filed an application under Section 151, Civil Procedure code before the Trial Court for striking out the defence of the petitioner. The defendant also filed an application that due to poor financial condition of the defendant he may be granted time to deposit the amount directed by the Court vide order dated 21.12.99 in instalments of Rs. 10,000.00 per month. Both these applica- tions were disposed of by the learned Trial Court by order dated 13.9.2000. While disposing of this application the Court was of the view that the application moved "by the defendant was only a dilatory tactics adopted by him. The Court granted one more opportunity to the defendant to comply with the order dated 21.12.99 within four weeks from 13.9.2000. It was further held in that order that in case the amount was not deposited within the time granted by the Court, the defence of the defendant would stand struck off. Since the order dated 21.12.99 was still not complied with by the defendant, the Court by order dated 4.12,2000 directed the defence of the defendant to be struck off. Being aggrieved by the aforesaid orders the present revision petition has been filed by the petitioner.

(3.) Counsel for the petitioner submits that in case he is granted time to comply with the order dated 21.12.99 by making payment of the arrears in instalments he will not press this petition. He also submits that he has already paid a sum of Rs. 1 lakh towards the arrears of rent in terms of the orders passed by this Court. He, therefore, prays for time to be given to him to make payment of the arrears as well as the current rent in instalments.