ROHIT TULSIYANI Vs. BHAGWATI PRASAD SHARMA

JUDGEMENT

(1.) The present revision has been filed under section 25 of the Provincial Small Causes Courts Act against the order dated 14th July, 2009 whereby the Trial Court has rejected the application 17-C filed by the present applicant who is defendant in S.C.C. Suit No. 58 of 2008. The said suit has been filed by the opposite party herein for recovery of arrears of rent and ejectment etc. against the present applicant. Summons were issued by ordinary post as well as registered post. According to the report, the tenant-applicant refused to accept the summons and therefore, the Court ordered that the suit may proceed ex parte. Thereafter, application No. 17-C was filed by the present applicant to take the written statement on record. The said application has been dismissed by the order under revision. Heard Shri K.D. Tripathi, learned Counsel for the applicant and Shri Madhav Jain, learned Counsel for opposite party.

(2.) It is true that the defendant-tenant has not filed any affidavit or any other material to challenge the findings recorded by the Court below and endorsement of refusal on the registered letter containing the summons. But in the interest of justice, as prayed by the applicant one more opportunity be granted to file the written statement subject to payment of heavy cost.

(3.) Shri Madhav Jain, learned Counsel for opposite party very fairly states that if the suit is going to be decided shortly, he may not have any serious objection.