MAHESH GOUR Vs. LAJPAT RAI ARORA

JUDGEMENT

(1.) This is plaintiff's petition, under Article 227 of the Constitution of India, against the order dated 19.09.2017 passed by learned Judge, Small Cause Court/Civil Judge (J.D.), District Haridwar in SCC Suit No. 07 of 2001, whereby learned Judge, Small Cause Court permitted the defendant/tenant to deposit rent in the court, pursuant to judgment and order dated 17.08.2017 passed by coordinate Bench of this Court in WPMS No. 68 of 2008. Petitioner has also challenged the order dated 31.03.2018 passed by learned rivisional court, whereby the order passed by learned Judge, Small Cause Court has been affirmed.

(2.) Brief facts of this case are as follows:

(3.) In terms of the aforesaid directions, issued by coordinate Bench of this Court, the tenant moved an application before the Small Cause Court, seeking direction, to deposit arrears of rent. The said application was allowed by learned Judge, Small Cause Court vide order dated 19.09.2017. Petitioner challenged the said order by filing revision, under Section 25 of the Provincial Small Cause Courts Act, which has been dismissed. Thus, aggrieved, landlord has filed this petition. It is the contention of learned counsel for the petitioner that the application moved by the tenant, seeking permission to deposit the rent, was not served upon plaintiff or his counsel, which has resulted in miscarriage of justice.