DINESH CHANDRA GUPTA Vs. PRADEEP BHARGAVA

JUDGEMENT

(1.) THIS is a revision under section 25 of the Provincial Small Cause Courts Act against the order dated 1-12-1983 passed by VIII Addl, District Judge, Allahabad striking off the defence under Order XV Rule 5 CPC.

(2.) THE admitted facts are that in a suit for arrears of rent, ejectment and damages for use and occupation, there was non-compliance of the provisions of Order XV Rule 5 CPC inasmuch as there was delay in depositing of rent for the months of June, July, August, September, and October 1983. THE rent for June and July was deposited on 27-9-1982. THE rent for August and September was deposited on 26-10-1983. THE rent for October and November was deposited on 28-11-1983. THE plaintiff opposite party gave application paper number 57-Ga for striking off the defence. Defendant applicant filed objection paper number 59-Ga. THE trial court found that no explanation for delay in depositing the rent was given either in the objection or even during the course of arguments. It, therefore, passed the impugned order and hence this revision.

(3.) IN the case of Bhupendra Nath Rastogi v. Addl. Civil Judge, Bijnor, 1982 ARC 480, it was held that there was not a single month's rent which had become due and was not deposited within time. It was further held that the representation of the tenant was not decided in the light of observation made by Supreme Court. The dismissal of application for condoning delay on the ground that the application was moved after the expiry of the period provided in sub-rule (2) was held to be erroneous.