LALITA PRASAD LAKHERA Vs. SATYA PRASAD VYAS

JUDGEMENT

(1.) THIS is a revision under Section 25 of the Provincial Small Cause Courts Act, filed at the hands of the tenant, against the order of eviction dated 8th January, 2010 as well as against the order dated 3rd August, 2010, by which his application under Order IX Rule 13 of the Code of Civil Procedure has been rejected.

(2.) THE facts leading to the filing of the present revision is that the landlord instituted a suit for the eviction of the tenant along with arrears of rent and damages on 7.12.2006. The suit was instituted at Dehradun. Notices were issued which remained unserved and consequently a direction was issued to serve the tenant by publication, the publication was made and the court held that sufficient service has been effected on the tenant by publication in a newspaper and, by an order dated 25th March, 2008, directed to proceed ex parte against the tenant. It transpires that the case was subsequently transferred by an order of the District Judge dated 3rd September, 2009, to the court of Additional District Judge, Rishikesh and thereafter the suit proceeded and eventually it was decreed ex parte by an order dated 8th January, 2010.

(3.) THE decree was put in execution and notices were issued to the tenant by the Executing Court. It is alleged that summons in these execution proceedings was served upon the tenant on 3rd March, 2010, and it was then the tenant came to know about these eviction proceedings and the ex parte decree. Accordingly, an application under Order IX Rule 13 of the Code of Civil Procedure was presented along with an Application under Section 5 of the Limitation Act on 8th March, 2010. The record indicates that notices were issued to the landlord by the court on 17th March, 2010, who appeared and filed his objection on 30th March, 2010. Subsequently, the landlord filed an application on 22nd April, 2010 alleging non -compliance of the provisions of Section 17 of the Provincial Small Cause Courts Act. On the other hand, the tenant, realising non -compliance of the provision of Section 17 of the said Act, deposited a sum Rs. 55,000/ - on 5th April, 2010, and further deposited another sum of Rs. 1,05,000/ - on 21st July, 2010 and armed with such deposits, the tenant filed an application on 22nd July, 2010 under Section 5 of the Limitation Act, praying that the delay in the deposits made by the tenant under Section 17 of the Act, be condoned.