SINGHASAN RAI Vs. BHAGWAN DEI

JUDGEMENT

(1.) THE petitioner who is the de fendant in SCC Suit No. 22 of 1999 that had been filed by the landlord for ejectment and recovery of arrears of rent has filed this peti tion for setting aside the order dated 3rd Feb ruary, 2005 by which his defence has been struck off under Order XV, Rule 5 of the Code of Civil Procedure (hereinafter referred to the 'cpc')- He also sought the quashing of the order dated 20th November, 2007 passed by the Revisional Court by which the Revision filed under Section 25 of the Provincial Small Cause Courts Act, 1887 for setting aside the aforesaid order dated 3rd February, 2005 was dismissed.

(2.) THE records indicate that during the pen dency of the Suit, an application was filed by the plaintiff- landlord for striking off the de fence of the defendant as the provisions of Order XV, Rule 5 CPC had not been complied with. THE application filed by the landlord was allowed by the order dated 3rd February, 2005 as it was found that the defendant had not deposited the monthly rent due during the continuation of the Suit.

(3.) SECTION 97 (1) of Amending Act No. 104 of 1976 which came into effect from 1st Feb ruary, 1977 reads as under:- "any amendment made, or any provision inserted in the principal Act by a State Legis lature or a High Court before the commence ment of this Act shall, except in so far as such amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand repealed. "