PREM LATA Vs. RAGHUBIR RAI

JUDGEMENT

(1.) This Court has perused the order dated 18th November 2013 of the Division Bench in FAO (OS) No. 519 of 2013 filed by Defendant No. 1, Raghubir Rai against the order dated 19th September 2013 passed by this Court in IA No. 22751 of 2012 in CS (OS) No. 1698 of 2011.

(2.) The Division Bench (DB) has, by the said order, observed that the order dated 19th September 2013 passed by this Court was not under Order XV A of the Code of Civil Procedure, 1908 (CPC) but under Order XXXIX Rule 10 CPC. After noting the submission of counsel for Defendant No. 1/Appellant therein that this Court could not have directed Defendant No. 1 to deposit a sum of Rs. 1 lakh per month in terms of Order XXXIX Rule 10 CPC for the premises in his possession, the DB set aside the order dated 19th September 2013 and remanded the matter to this Court "..for considering the application of the respondent under Order XV A CPC on merits". The DB further directed that in the meanwhile, arrears calculated at Rs. 1000/- per month should be deposited within ten days and further deposits at the same rate should be made every month, subject to any order by this Court.

(3.) As a result of the above order, this Court has again heard the counsel for the parties in IA 22751 of 2012 under Order XV A CPC on merits. The Court has also heard submissions in IA 13496 of 2011 under Order XXXVIII and Rules 1, 2, 4 and 5 CPC.