MAHMOOD HASAN Vs. ZAKIR HUSSAIN

JUDGEMENT

(1.) Heard Shri Mahboob Ahmad Siddiqui, learned Advocate appearing for petitioners and Shri Bhanu Bhushan Jauhari, learned Advocate appearing for respondents.

(2.) By means of this petition filed under Article 227 of the Constitution, petitioners have questioned the judgment and decree passed by Trial Judge dismissing the suit on the score of sufficient deposits made under Sec. 20 (4) as prescribed for under Act No. 13 of 1972. The said judgment has come to be affirmed in the court sitting in revision.

(3.) The main submission advanced by learned counsel appearing for petitioners is that since petitioners failed to make deposit under Order 15 Rule 5 CPC, therefore, they would not be permitted to avail the benefit under Sec. 20 (4) of the Act No. 13 of 1972. In support of his submissions, learned Advocate appearing for petitioners has relied upon two authorities of this Court one in the case of Ram Prakash Jaiswal Vs. Rajwati and others decided on 28/8/2012 in Civil Revision No. 48 of 2012; 2012 3 ARC 528 and the other in the case of Mohd. Sayeed and others Vs. Shahanshah Alam and another: 2007 68 AllLR 860.