SARASWATI DEVI Vs. B C KUNDU

JUDGEMENT

(1.) This is plaintiff's revision under Section 25 of the Provincial Small Cause Courts Act. The brief facts are these. The plaintiff Smt. Champa Devi (who died during the pendency of the suit) and Smt. Saraswati Devi were owners of house No. 26-D Charu Chandra Mitra Road, Allahabad and the defendant opposite party was a tenant of a portion of it on a monthly rent of Rs. 50/-. The defendant committed default in payment of rent and after terminating his tenancy the plaintiff filed a suit for his eviction and for arrears of rent and damages. Ad litem and future interest was also claimed.

(2.) The suit was filed on small causes court side in the court of Judge, Small Causes, Allahabad and a summons was issued to the defendant fixing 26-7-1977 for hearing. That summons was duly served. The defendant appeared on that date and filed written statement and on that very date he also deposited the entire amount of rent along with water tax payable by him till 31-7-1977. He however, did not deposit the interest on the amount claimed. On that account the plaintiffs moved an application (13-c) on 25-10-1977 under Order 15, Rule 5 of the Code of Civil Procedure for striking off the defence. The defendant filed an objection (14-C) on 16-11-1977 and also deposited the requisite amount of interest on 17-11-1977. After hearing parties, the trial court observed that inasmuch as substantial compliance of the provisions contained in Order 15, Rule 5 had been made, there was no justification for striking off the defence and on that view dismissed the plaintiff's application. The present revision has been preferred against this order.

(3.) By means of the amendment introduced by the U. P. Civil Laws (Reforms and Amendment) Act, 1972 Order 15, Rule 5 of the Code of Civil Procedure was amended providing for striking off the defence of a tenant defendant in the event of his failure to deposit the entire arrears of rent admitted to be due from him along with certain other sums of money mentioned in Order 15, Rule 5 on the first date of hearing. That rule was amended by this court and subsequently by Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, this rule was substituted and Sub-rule (1) thereof reads as under :-