BENI MADHAV Vs. SHIV GOVIND

JUDGEMENT

(1.) THIS revision is directed against the judgement of the District Judge, Etawah dated 18th Aug., 1975.

(2.) SUIT No. 254 of 1972 had been filed by the plaintiff-opposite party for eviction, recovery of arrears of rent and damages. After the enforcement of the U.P. Civil Laws (Amendment) Act No. 37 of 1972, the suit was fixed for hearing for the 28th Feb., 1974. On that date the hearing was adjourned to 16th May, 1974. The case did not proceed and was adjourned on the ground of the illness of the defendant. Next date fixed was 29th Aug., 1974. On this date the defendant moved an application No. 55-D asking the plaintiff to disclose material particulars. The hearing of the case did not take place even on that date and was adjourned to 26th Sept., 1974, for the disposal of the application No. 55-D. On 26-9-1974 the defendant sought adjournment and 19-12-1974, was fixed. As the defendant did not appear on 19-12- 1974, the application No. 55-D was rejected. Thereafter, three other dates were fixed for final hearing, but on all these three dates the suit was adjourned. Ultimately, the suit was fixed for hearing on the 20th March, 1975. On that date the defendant deposited the entire arrears of rent and damages for use and occupation.

(3.) THE learned District Judge had held that as the 28th Feb., 1974 had been fixed for final hearing, the compliance of O.15, R.5, C.P.C. should have been made on that date. According to his view, due to non- compliance of the said provision on that date the written statement was liable to be struck out.