REENA AGARWAL AND ORS. Vs. SHAMMI MALHOTRA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The instant revision is directed against an order dated 28.11.2015 passed by Additional District Judge Court No.10, Allahabad in Misc. Case No.1 of 2013 arising out of SCC suit no.20 of 2011. The Court below has allowed the application filed by opposite party/tenant under Order 9 Rule 13 CPC, setting aside the exparte decree dated 6.12.2012 in SCC suit no.20 of 2011.

(3.) In brief the facts giving rise to the instant revision are that SCC Suit No.20 of 2011 was instituted by the plaintiff/revisionists (for short 'plaintiffs') against the defendant/respondent (for short 'tenant') for recovery of arrears of rent and for eviction from the tenanted premises, after terminating the tenancy by a notice dated 10.11.2010. The plaintiffs claimed arrears of rent from 1.11.2009 to Feb. 2011 amounting to Rs.16000/-, rent being Rs.1000/- per month. The suit was decreed exparte by Judge Small Causes by judgement dated 6.12.2012 and a decree of eviction as well as for arrears of rent at the rate of Rs.1000/- per month since 1.11.2009 till actual physical possession is delivered was passed against the tenant. The tenant filed an application under Order 9 Rule 13 CPC on 9.5.2013 praying for setting aside the exparte judgement dated 6.12.2012 and it came to be registered as Misc. Case No.1 of 2013. On 11.7.2014, the defendant deposited a sum of Rs.3340/- by a challan in government treasury followed by another deposit of Rs.66000/- by tender dated 8.5.2015. The trial court by impugned order allowed the application under Order 9 Rule 13 CPC after recording finding to the effect that the defendant had duly complied with the provisions of Section 17 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as 'the Act').