KAILASH CHANDRA Vs. IV ADDITIONAL DISTRICT JUDGE GORAKHPUR

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE present petition has been filed against the judgment and decree passed by Sri Rama Nand Rai, Judge Small Cause Court, Gorakhpur in Suit No. 156 of 1975, confirmed by Sri S. C. Srivastava, Addl. District and Sessions Judge, Gorakhpur in Civil Revision No. 225 of 1975.

(3.) IT may further be pointed out that when a case is fixed for the written statement as well as the tender of the amount required by Order XV Rule 5 of the Civil Procedure Code the written statement could be filed and the amount could be deposited upto 4 P. M. i.e. during the court hours. Neither the amount tendered nor the written statement could be refused. As such the judgment and decree passed by both the courts below are totally vitiated.