SHANKER SINGH Vs. IST A D J GORAKHPUR

JUDGEMENT

(1.) THIS is a writ peti tion against the order, dated 19-8-1994 and 19-5-1995 striking off the defence of the defendant petitioner.

(2.) THE suit was filed on 31-3-1993 and 25-5-1993 was the first date of hearing. THE trial Court struck off the defence by the order, dated 19-8-1994 on the ground that the petitioner has not deposited rent from January, 1992 on the first date of hearing and during the pendency of the suit he was in arrears of rent. A revision filed against this order has been rejected. It has been submitted that part of rent was being deposited under Section 30, and the remaining part of rent could not be deposited due to mistake of the Counsel.

(3.) THE matter is sent back for the decision on merit. It will be decided ex-peditiously. It is relevant to point out that the relationship in between the landlord and the tenants is not disputed. Petition disposed of.