ANITA PANIKAR ALIAS ANITA DHIMAN Vs. SUNITA YADAV

JUDGEMENT

(1.) THE order impugned before this Court is the order dated 20.08.2011 vide which the application under Section 151 of the Code of the Civil Procedure (hereinafter referred to as the 'Code') seeking a recall of the earlier order i.e. order dated 12.08.2011 had been disallowed.

(2.) RECORD shows that the present suit is a suit for possession and recovery of arrears of rent by the plaintiff. In para 2 it has been specifically contended that the suit property has been given to the defendant on rent for a period of 11 months at a monthly rental of Rs.15,000/-; in the corresponding para of the written statement there is no denial; it has been stated that these averments are the matter of record. RECORD further shows that on 10.06.2011, the defendant was directed to deposit the entire arrears of rent due to the plaintiff as also to pay rent in advance before the 7th day of each calendar month; rent @ Rs.16,5000/- which was a 10% increase on the admitted rent of Rs.15,000/- in terms of the letter of the defendant dated 21.03.2011 which an admitted document. This order was passed on 10.06.2011 and has not been subject matter of appeal or revision in any court; it has attained a finality. RECORD further shows that on 23.07.2011, the defendant had filed an application seeking 15 days time to deposit the entire rent; show cause notice had been issued to the defendant as to why his defence be not struck off in view of non- compliance of the direction in the order dated 10.06.2011. Thereafter to buy time, the defendant had again filed an application seeking a further one week time to deposit the rent; this was on 12.08.2011; on 12.08.2011 it has been recorded that if the rent is not paid within one week meaning thereby up to 19.02.2011, the defence of the defendant will automatically be struck off. On 20.08.2011, a similar application filed by the defendant had accordingly been dismissed. The Court had noted that the defence of the defendant had already been struck off and the matter had been listed for prosecution evidence.