(1.) HEARD learned Counsel for the parties.
(2.) IN this case on 9.4.2009 following order was passed:- "Counter and rejoinder affidavit on delay condonation application have been exchanged. The Court inquired from the learned Counsel for both the parties that in case after hearing both of them delay is condoned, whether the learned Counsel for both the parties would be ready for final hearing at once. Learned Counsel for both the parties expressed their readiness for final hearing of the revision forthwith in case delay was con doned. After hearing learned Counsel for both the parties delay of about a month in filing revision is condoned on payment of Rs. 5, 000/- as cost which shall be' paid to the learned Counsel for the respondent by tomorrow 10.00 a.m. Put up tomorrow for final hearing."
(3.) THROUGH impugned order defence of the tenant has been struck off under Order XV, Rule 5, C.P.C. and written statement, which had already been filed, was cancelled.