PRATIMA KHANNA Vs. SHRI DUTT MISHRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties and also perused the record.

(2.) PRESENT revision arises out of S.C.C. Suit No. 34 of 1998 filed by opposite party against the revisionist-defendant and is directed against the order dated 7.11.2001 passed by the XIIth Additional District Judge, Lucknow whereby the defence of the defendant-revisionist has been struck off in exercise of power under Order 15, Rule 5, CPC.

(3.) AFTER the evidence of the parties was concluded, the plaintiff-opposite party again applied for striking off the defence on the ground that the amount of admitted rent was not deposited in the Court by the defendant-revisionist, therefore, her defence was liable to be struck off. The said application was objected to and opposed by the revisionist. The Court below after going through the material on the record, came to the conclusion and recorded a clear and categorical finding that amount of admitted rent was deposited by the revisionist till October, 2000 only and not thereafter. Consequently, in view of the provisions of Order 15, Rule 5, CPC, the defence of defendant- revisionist was liable to be struck off. Having recorded the said finding, the order dated 7.11.2001 was passed. Hence the present petition.