SANJEEV KUMAR SIBBAL Vs. PRAMOD KUMAR TIWARI

JUDGEMENT

(1.) Heard Sri Vivek Kumar Rai, learned counsel for the revisionist and Sri Rakesh Pandey, learned counsel for the respondent.

(2.) The instant revision has been filed under Section 25 of the Provincial Small Causes Court Act, 1887 against the order dated 07.01.2020 passed by the Additional District Judge / Special Judge/ Prevention of Corruption Act, 5th, Lucknow in SCC Suit No.42 of 2019; Pramod Kumar Tiwari Vs. Sanjeev Kumar Sibbal by means of which the application no.C-22 of the revisionist/defendant (here-in-after referred as revisionist) for condonation of delay in filing written statement has been rejected and the application of the opposite party / plaintiff (here-in-after referred as opposite party) under Order-8, Rule-10 of Civil Procedure Code (here-in-after referred as C.P.C) and application under Order-15, Rule-5 of C.P.C. have been allowed and defence of revisionist has been struck off.

(3.) The brief facts of the case, for adjudication of instant revision, are that the opposite party and the revisionist had entered into an agreement for tenancy on 01.04.2018 in regard to shop No.B-80 situated at Sri Ram Tower, 13-Ashok Marg, Lucknow for a period w.e.f. 01.04.2018 to 28.02.2019 at a monthly rent of Rs.50,000/- per month. The opposite party has filed a suit for arrears of rent and ejectment. The suit was filed on 03.07.2019. The notices were issued fixing 08.08.2019 for written statement and disposal. The revisionist appeared on 08.08.219 and filed an application for permission to deposit the due rent. The revisionist was permitted to deposit the entire due rent till 31.08.2019 on his own risk. In pursuance thereof the revisionist deposited an amount of Rs.3,00,000/- towards the rent w.e.f. 01.03.2019 to 31.08.2019. Thereafter on application of the revisionist, with the permission of the trial court, the rent of September and October, 2019 was deposited on 24.12.2019. The revisionist again preferred an application on 03.01.2019 for permission to deposit the rent of November and December, 2019, which has not been disposed of till date.