SHASHI PAL Vs. RAJKUMAR MAHINDRA

JUDGEMENT

(1.) This revision u/s 115, Civil Procedure Code by the deft is directed against the order dt. 1.4.81 of the Sub-Judge, 1st class whereby petitioner's application U/O. 14 R. 5 of the code was dismissed.

(2.) Briefly stated facts are that respdt. was running a shop of shoes under the name of 'A to Z shoes stores'at Bank street and petitioner was her employee. By means of an agreement dt. 1.9.64, the petitioner is alleged to have become a licensee in the shop under the respondent at Rs. 185.00 per month subject to enhancement if any in terms of the said agreement dated 1.9.64. The respondent filed a suit for recovery of licence fee for the period 1.3.71 to 30.11.71, which suit was decreed by Shri S.R. Goel. Additional District Judge, Delhi on 1.3.75. It is admitted by the learned counsel for the parties that the decree of Shri S.R. Goel, ADJ was confirmed by this Court.

(3.) The respondent filed the present suit for recovery of licence fee Rs. 6692.00 including notice charges Rs. 32.00 for the period from 1.12.71 to 31.11.74. The petitioner-defendant raised various pleas in his written statement. The trial Court on 21.5.75 framed the following issues :