GURU GRAMUDYOG SAMITI Vs. GOPAL KRISHNA

JUDGEMENT

(1.) PRESENT Civil Revision has been filed questioning the validity of the order dated 14. 11. 2008 passed by Sri Amitabh Sahai Additional District and Session Judge, FTC Gautam Budh Nagar in JSCC Suit No. 9 of 1007 whereby application under XV Rule 5 of Code of Civil Procedure filed by plaintiff has been allowed and defence of defendant has been struck off.

(2.) BRIEF facts giving rise to instant Civil Revision is that rent agreement has been executed on 15. 03. 2005 by plaintiff-respondent in favour of his wife who was the Secretary of the defendant-revisionist no. 1 in respect of plot no. 77 situated at village Namoli, post Surajpur District Guatam Budh Nagar for letting the aforesaid plot to the revisionist at the monthly rent of Rs. 9,500/. It has further been contended that plaintiff-respondents did not provide accommodation as per rent agreement dated 15. 03. 2005, as such there was failure on the part of plaintiff-respondents of not fulfilling the agreement. It has been stated that defendants-revisionists was regularly paying rent in cash to the plaintiff-respondent and further premises in question was vacated also. JSCC suit had been filed on 20. 09. 2007 before JSC Court Gautam Budh Nagar. Said suit was contested by filing written statement. Plaintiff-respondent filed application under Order XV Rule 5 of Code of Civil Procedure. Against said application objection had been filed. Issue no. 1 was framed as to whether revisionist had been paying Rs. 9,500/- as rent to the respondents since March 2005 till the date of institution of suit in court or not ? Said issue has been decided on 14. 11. 2008. At this juncture present Civil Revision has been filed. Sri Dheeraj Singh Bohra, learned counsel for the revisionists contended with vehemence that in the present case JSC Court acted with material illegality, inasmuch as evidence which has been adduced on behalf of defendant-revisionist and case of defendants-revisionist has not at all been touched, and adverted to as such judgement dated 14. 11. 2008 passed by Additional District and Session Judge, FTC Gautam Budh Nagar is liable to be set aside.

(3.) IN order to appreciate respective arguments which have been advanced, provision of Order XV Rule 5 of Code of Civil Procedure as it is applicable to the State of Uttar Pradesh is being looked into :