NIRMALA PANDEY Vs. SACHCHIDANAND CHATURVEDI AND ANOTHER

JUDGEMENT

(1.) Heard Counsel for the petitioner and perused the record. This writ petition has been filed or issuance of a writ in the nature of certiorari quashing order dated 1.5.2010 passed by Additional District Judge, Court No. 10, Varanasi, by which application of the petitioner, Paper No. 8-G, under section 5 of the limitation Act has been rejected.

(2.) Facts of the case are that respondent-landlord filed J.S.C.C. suit No. 1 of 2002 claiming relief for eviction of the petitioner as well as for a decree of Rs. 36,300/- towards arrears of rent- The suit was contested by the petitioner by filing her written statement. On the first date of hearing, the petitioner did not deposit the arrears of rent as claimed by the respondent and as such the respondent-landlord filed an application dated 3.1.2003 under Order XV, Rule 50, C.P.C. for striking off defence of the petitioner. Objection was filed by the petitioner against the application dated 3.1.2003. The Civil Judge (Senior Division), Varanasi struck off the defence of the petitioner vide order dated 29.1.2008. Ultimately, the suit was decreed by judgment and order dated 26.5.2009.

(3.) Aggrieved by the aforesaid judgment and order dated 26.5.2009, the petitioner filed a revision before the District Judge, Varanasi. During its pendency, an application dated 15.9.2009 under section 5 of the Limitation Act supported with affidavit, was moved by the petitioner for recalling the order dated 29.1.2008, by which her defence was struck off. The aforesaid application which was numbered as misc. case No. 258 of 2009, was contested by the landlord by filing his objections to the aforesaid application.