HARIOM GUPTA Vs. GANESH DUTT SHARMA

JUDGEMENT

(1.) Heard learned Counsel for both the sides. The present revision has been filed by the revisionist against an order dated 18.10.2004, passed by the Court below in S.C.C. No. 4 of 2020, by which the Court below has struck off the defence of the revisionist under the provisions of Order XV, Rule 5 of the C.P.C.

(2.) Learned Counsel for the revisionist has argued that the defence of the revisionist has wrongly been struck off especially in view of the fact that the Court below has not recorded any finding with regard to the relationship of the revisionist and the opposite party being landlord and tenant or lessor and lessee.

(3.) Rule 5 of Order XV, C.P.C. as inserted by U.P. Act No. 57 of 1976, is reproduced as under: