SHANKER LAL Vs. DISTRICT JUDGE BANDA

JUDGEMENT

(1.) T. P. Garg, J. This writ petition is directed against the order dated 13-9-1984, striking off the defence of the petitioner passed by the Judge, Small Causes Court, Banda-respondent No. 2 and the order dated 19-10-1984, passed by the respondent No. 1 affirming the said Order in the revision.

(2.) BRIEFLY stated facts are that the respondent No. 3 filed S. C. C. Suit No. 16 of 1982, for recovery of arrears of rent of Rs. 2212 for period 1-8-1979 to 26-8-1982, Rs. 25 as expenses of the notice and Rs. 115 as mesne profits from 27-8-1982 to 25-9-82.

(3.) THE main question involved in the case as to what is the date of 'first hearing' of the suit. Order XV, Rule 5 of the Code of Civil Procedure as amended by U. P. Act No. 57 of 1976 reads as under : "5. Striking off defence on failure to deposit admitted rent etc.- (I) In any suit a lessor for the eviction of a lease after the determination of his lease and for the recovery from him of rent or compensation for use and occupation the defendant shall, at or before the first hearing of the suit, deposit the entire amount admitted by him to be due together with interest thereon at the rate of nine per centum per annum and whether or not be admits any amount to be due, he shall thought the continuation of the suit regularly deposit the monthly amount due within a week from the date of its accrual, and in the event of any default in making the deposit of the entire amount admitted by him to be due or the monthly amount due as aforesaid, the Court may, subject to the provisions of sub-rule (2) strike off his defence. Explanation.- THE expression 'first hearing' means the date of filing written state ment or for hearing mentioned in the summons or where more than one of such dates are mentioned, the last of the dates mentioned. " Explanation 1 of Order XV, Rule 5 of the Code of Civil Procedure clarifies the expression 'first hearing'. It is the date of filing of the written statement or for hearing mentioned in the summons or where more than one of such, dates are men tioned, the last of the dates mentioned.