VIPIN KUMAR VERMA Vs. RAMESH PRASAD

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act is directed against the order dated 26-4-2011 passed by the Judge Small Causes Court/District Judge Rudraprayag (for short the J.S.C.C.) in S.C.C. Suit No. 01 of 2010 whereby the application of the plaintiff (paper no. 19 C) moved under Order 15, Rule 5 C.P.C. has been allowed and the objections filed by the defendant have been rejected.

(2.) A perusal of the record shows that S.C.C. Suit No. 1 of 2010 has been filed by the plaintiff-respondent against the revisionist-defendant for eviction and for recovery of arrears of rent and damages. An application (19-C) was moved by the plaintiff under Order 15, Rule 5 of the C.P.C. for striking off the defence of the defendant on the ground that the defendant has defaulted in depositing the entire dues as provided under Order 15, Rule 5 C.P.C.

(3.) It appears that the suit was filed on 21-9-2010 and 13- 10-2010 was fixed in the suit. On that date, the defendant sought adjournment for filing written statement and 9-11-2010 was fixed. The defendant again sought adjournment by filing adjournment application on 9-11-2010. learned J.S.C.C. fixed 30-11-2010. On that date, the application 19-C with a prayer to strike off the defence was filed by the plaintiff-respondent.