SURESH CHAND SHARMA Vs. NAND KUMAR KAMAL

JUDGEMENT

(1.) By means of the present writ petition, the petitioner is challenging the order dated 8.11.2010 passed by the District Judge, Muzaffar Nagar in SCC Revision arising out of the order dated 5.10.2010 passed by the Civil Judge (S.D.)/JSCC in SCC Suit No. 11 of 2000 whereby the application No. 33C of the petitioner to decide the issues No. 6, 7 and 8 as preliminary issues, has been rejected. The respondent-plaintiff filed SCC Suit against the petitioner for eviction and the recovery of alleged arrears of rent, house tax, water tax etc. on 29.5.2000. Despite the time granted to the petitioner to file written statement, it was not filed. However, an application raising the question regarding jurisdiction coupled with deficiency of Court fees and under-estimation of suit was filed, and it was prayed that the suit be dismissed for the reasons aforesaid. The Trial Court rejected the application of the petitioner and directed the case to be proceeded under Order VIII, Rule 10, C.P.C. on the ground that the petitioner has neither filed any written statement nor has filed any application to seek further time to file written statement.

(2.) The petitioner being aggrieved with the order dated 2.1.2002 preferred a SCC Revision before the District Judge, Muzaffar Nagar and at the stage of admission, the matter was disposed of finally by order dated 17.1.2002 on the basis of the consent of the parties whereby the petitioner was again given an opportunity to file his written statement upto 16.2.2002 or prior to that failing which the order dated 2.1.2002 would be deemed as effective and operating.

(3.) The petitioner was also given the liberty to take all the plea in his written statement which was sought to be raised by him through his application No. 33-C viz. question regarding jurisdiction, deficiency of Court fees and under-estimation of the suit and it was also agreed by the parties before the revisional Court that the aforementioned issues shall be decided by the Trial Court at the time of final hearing.