BISHESHWAR DAYAL Vs. MUNSIF MAGISTRATE BIJNOR

JUDGEMENT

(1.) THIS writ petition is directed against an order of the trial court dated 30-10-1980 whereby the defence of Bisheshwar Dayal was struck off for non-compliance with the provisions of Order XV Rule 5 of the Code of Civil Procedure.

(2.) THE landlords had filed a suit for ejectment and arrears of rent against Bisheswar Dayal. THE suit was instituted by filing a plaint which mentioned the name of the Court as the Court of Munsif, Bijnor. From Annexure-2 to the counter affidavit it appears that the Plaint was presented in the Court of Sri R. K. Dubey who was then exercising the powers of Munsif, Bijnor and also the Judge Small Causes. THE valuation of the suit was Rs. 1,400/-. At that time Sri R. K. Dubey had the jurisdiction to try the suit on Small Causes side upto Rs. 2,000/, Sri R. K. Dubey was transferred and he was succeeded by Sri B. M. Joshi as Munsif, Bijnor, who was also invested with the powers of Judge Small Causes but his power was limited to the pecuniary jurisdiction of Rs. 1,000/-.

(3.) FROM paragraph 11 of the counter affidavit it is clear that the information was sent from the transferee court to the counsel for the petitioner and landlord respondents informing them vide notice dated 3-1-1979 (Annexure 4 to the counter affidavit) that 9-3-1979 was the date fixed for the disposal of the case. The fact that this notice was served on the counsel for the petitioner is not clearly denied by the petitioner in his rejoinder affidavit.