V N SHARMA Vs. SATYA AHLAWAT

JUDGEMENT

(1.) THIS revision application was heard on the points of admission on 4.3.97. Shri Pramod Kumar Jain appeared for the defendant-revisionist while Shri Vivek Chaudhary for the caveator plaintiffs.

(2.) A suit was filed before the Xllth Additional District Judge, Meerut, having S.C.C. powers. The suit was registered as S.C.C. Suit No. 13 of 1996. The plaintiffs sued the defendant for rent, eviction and mesne- profit. An order was passed by the trial Judge to take up the matter ex parte as the defendant failed to put in a written statement This order was challenged in Civil Misc. Writ Petition No. 30111 of 1996 before this Court and Hon'ble M. Katju, J., directed the court below to accept his written statement and to proceed with the suit thereafter subject to the payment by the defendant of the entire amount of rent up to date within three weeks from 18.9.96. Certain deposits were made and adjustment of certain payments were claimed and a written statement was proposed to be filed. The trial court was faced with a question if the deposits/payments in terms of the direction In the writ petition had been made. By an order dated 13.12.96, the trial, court kept into consideration all payments and deposits claimed to have been made by the defendant and he came to the calculation that even after conceding all averments of the defence, there was a default in payment for a sum of rupees five thousand and odd. Accordingly, the trial court was of the view that the direction of the High Court had not been complied with and so the written statement could not be accepted and no change of hearing could be given to the defendant.