BAL KRISHNA Vs. RAMANAND DIXIT

JUDGEMENT

(1.) Heard Sri B. N. Agarwal. the learned counsel appearing for the defendant-applicant and Sri Prakash Gupta, the learned counsel appearing for the respondent-opposite parties.

(2.) Instant revision under Section 25 of the Provincial Small Cause Courts Act, 1887, as amended by the State of U. P. is directed against the order dated 16th September. 1989, passed by the Judge. Small Causes Court/IV Additional District and Sessions Judge, Jhansi in Original Suit Wo. 15 of 1988, Ramanand Dixit and another v. Bal Krishna.

(3.) The impugned order was passed on the application No. 30-C moved by the plaintiff-opposite parties under Rule 5 of Order XV of the Code of Civil Procedure. 1908 (hereinafter called the 'Code'), and by the order the defence of the defendant-applicant has been struck off. The applicant seeks to assail the Impugned order on the following two grounds :