RENU CHANDRA Vs. GANPATI ASSOCIATES

JUDGEMENT

(1.) PRESENT Civil Revision has been filed against the judgment and order dated 17. 01. 2009 passed by Judge Small Cause Court/additional District Judge, Meerut in JSCC Suit No. 35 of 2007, between M/s Ganpati Associates and Smt. Renu Chandra.

(2.) BRIEF background of the case is that M/s Ganpati Associates, the plaintiff-respondent filed JSCC Suit No. 35 of 2007, seeking a decree of eviction on the ground of default. On institution of suit, notices had been issued and written statement was filed pursuant to notice dated 27. 08. 2007. During pendency of suit, respondent No. 1 moved an application dated 11. 02. 2008 under Order XV Rule 5 C. P. C. , mentioning therein that the defendants have failed to deposit the rent/damages since June, 2007 or for the period thereafter in the manner contemplated under Order XV Rule 5 C. P. C. , the defence of the defendants is liable to struck off. Thereafter on 13. 03. 2008 application under Order VII Rule 11 C. P. C. was moved by the defendants. Said application was objected to by the plaintiff and the same has been rejected. At this juncture, present writ petition has been filed.

(3.) SRI Vijay Prakash, Advocate, appearing for the petitioner contended with vehemence that application under Order VII Rule 11 C. P. C. was liable to be allowed, as rent deed, allegations made in the application under Order XV Rule 5 C. P. C. and the plaint disclose no cause of action for filing suit, and on meaningful reading it is writ apparent that it was vexatious and meritless, as such the suit was liable to be dismissed and the application under Order VII Rule 11 C. P. C. was liable to be allowed.