RAM SINGH JAIN Vs. VARUN KUMAR

JUDGEMENT

(1.) Heard Sri Pramod Jain, learned senior advocate assisted by Sri R.P. Srivastava, learned counsel for the defendant-tenant/ revisionist and Sri Manmohan Singh, learned counsel for the plaintiff-landlord/ opposite party.

(2.) This revision has been filed praying to set aside the order dated 25.04.2013 in SCC No.53 of 2011 (Varun Kumar vs. Ram Singh Jain) passed by Additional District Judge, Court No.2, Ghaziabad, whereby the Application 41ga filed by the revisionist for recall of the order dated 07.05.2012 striking off the defence under Order XV Rule 5, C.P.C. was rejected. FACTS:

(3.) Briefly stated facts of the present case are that the plaintiff-landlord/ opposite party has filed SCC Suit No.53 of 2011 (Varun Kuamr Vs. Ram Singh) for eviction of the revisionist-tenant. On the first date of hearing, the defendant-tenant/ revisionist deposited the rent for the period from 01.04.2011 to 30.11.2011 amounting to Rs.31,200/-. The monthly rent is Rs.3,900/-. Thus, he has not deposited the interest etc. as provided under the first proviso of Rule 5 of Order XV of C.P.C. He also did not deposit monthly rent in terms of the Order XV Rule 5. Rent from the period from 01.12.2011 to 31.01.2012 amounting to Rs.7,800/- was deposited on 15.02.2012. The rent for the period for 01.2.2012 to 31.03.2012 amounting to Rs.7,800/- was deposited on 18.04.2012. The deficient amount of deposit on the first date of hearing, was deposited by the revisionist on 08.08.2012.