MOHD. ALI Vs. INDER LAL

JUDGEMENT

(1.) This is a defendant's revision under Sec. 25 of the Provincial Small Cause Courts Act against whom a decree, inter alia, for ejectment for the premises in question was passed by the First Additional District Judge, National exercising the powers of Judge, Small Causes.

(2.) The suit for ejectment of the applicant was filed in the year 1972 on the ground that the applicant was in arrears of rent and had failed to pay the amount in arrears in spite of service of notice of demand upon him. The tenancy of the applicant having been terminated by a notice under Sec. 106 of the Transfer of Property Act, in spite where of the applicant failed to vacate the premises in suit, the plaintiff went to court. The suit came to be tried by the Judge, Small Causes upon transfer to his court on account of the provisions of U.P. Act 37 of 1972.

(3.) At one stage on Aug. 19, 1972, the plaintiff-opposite party filed an application with the prayer that the applicant's defence be struck off on account of the failure of the applicant to comply with the provisions of Order XV, Rule 5 C.P.C. This application was numbered as paper no. 21C. The plaintiff also sought amendment of the plaint in certain respects and that application was numbered as paper no 22-C. By an order dated Feb. 8, 1976 which was passed in the presence of the parties, the trial Judge fixed April 12, 1975 as the date for disposal of the aforesaid two applications.