THE ORIENTAL INSURANCE COMPANY Vs. KISHORE KAPOOR

JUDGEMENT

(1.) HEARD Sri Rajesh Tandon for the applicants in revision and Shri B.D. Madhyan for respondent. This is defendant's revision against the order dated 3.3.2001 passed by Addl. District Judge (exercising powers of Judge Small Cause Court) in S.C.C. Suit No. 11/98 filed by plaintiff respondent. Undisputedly the suit is for eviction and recovery of arrears of rent etc. It is also not disputed that parties to the suit have already adduced their evidence and when the case was fixed for arguments defendant moved an application for amendment of written statement. By means of the proposed amendment the defendant wanted to add a plea that the present suit is not maintainable having been filed by a person not competent to institute the same. It is a legal plea which could even be argued. In order to enable the parties to agitate the said plea before the trial court this revision is disposed of with the order that it shall be open for the defendant -applicant to place the said plea before the trial court and if that plea is raised and pressed the trial court shall decide the same also in accordance with law.

(2.) IN the circumstances, therefore, without making any interference in the impugned order the revision is disposed of with the above direction. Stay order dated 12.4.2001 is hereby vacated and the trial court is directed to decide the suit finally in accordance with law as expeditiously as possible, preferably within a period of four weeks from the date a certified copy of this order is produced. In the circumstances parties are directed to bear their own cost of this revision.