SMT. RAM SHREE DEVI Vs. LIAQAT HUSSAIN

JUDGEMENT

(1.) This is a defendant's application in revision under Section 25 of the Provincial Small Cause Courts Act. The revision is directed against an order passed by the Courts below striking out the defence of the applicant in the purported exercise of power under Order 15, Rule 5, of the Code of Civil Procedure.

(2.) These are the relevant facts. The applicant was defendant No. 1 in a suit filed by the plaintiff-opposite party No. 1 against the applicant and the remaining three defendant opposite parties for ejectment from the accommodation of which the plaintiff-opposite party is the landlord and the applicant and other opposite parties are the tenants. Under the relevant local law, the suit was to be tried as a Small Cause governed by the provisions of Small Cause Courts Act. The suit was filed on 15.11.1979. It was transferred to the Court of the learned Ist Additional District Judge who was invested with the power of Small Causes Court on 23.11.1979. It was registered on 24.7.1979. Notices were directed to be issued to the defendant and 16.1.1980 was shown in the summons as the date fixed for the final hearing of the suit. From perusal of the order sheet of the suit it appears that on 16.1.1980 the Court passed on order treating the summons issued to the applicant and the defendant Nos. 2 and 4 as not having been served sufficiently and directing them to fresh summons to be issued fixing 6.2.1980 as the date fixed for filing of the written statement. On 6.2.1980 again the Court found that the summons had not been duly served on the defendants (except defendant No. 3) till that date and directed that the case be put up for order on 16.2.1980. On 16.2.1980 the Presiding Officer was absent being on leave. The suit was consequently adjourned to 23.2.1980. On 23.2.1980, the Court treated the summons issued to the applicant as sufficient and directed the suit to proceed ex-parte against her on 6.3.1980. On 6.3.1980 an application was moved on behalf of the applicant for setting aside of the order to proceed exparte against her. The Court allowed that application and directed the applicant to file her written statement by 26.3.1980. Thereafter, the suit was adjourned on a few dates but without the Court's applying its mind to the pleading of the parties or otherwise to the facts of the ease on any of those dates. On 22.5.1980 again we find that the Court directed the suit to proceed exparte and fixed 8.7.1980 for exparte hearing. However, on 8.7.1980 upon an application moved on behalf of the applicant, the aforesaid order dated 22.5.1980 was recalled upon payment of Rs. 30/- as costs and the Court directed the applicant to file her written statement by 9.7.1980 and fixed 16.7.1980 for framing of issues.

(3.) On 16.7.1980 the defendant-applicant deposited in the Court a sum of Rs. 3,720 which admittedly covered the entire arrears or rent due up to 18.6.1980 and inter on the said arrears at 9 percent. The plaintiff opposite party, thereupon, filed an application under Order 15 Rule 5 C.P.C. with a prayer that the defence of the applicant be struck off as she had failed to deposit the admitted arrears of rent and the interest due there on or before the first hearing of the suit which, according to the plaintiff-opposite party, was 6.2.1980 being the date mentioned in the summons. This application was contested by the applicant. By the impugned order, the Court below has allowed the application of the plaintiff-opposite party and directed that the defence of the applicant be struck out under Order 15 Rule C.P.C.