SUMITRA DEVI Vs. SHAILENDRA SINGH

JUDGEMENT

(1.) THIS revision is filed by the defendant against the order, by which the trial Court has refused to condone the delay in deposit of rent.

(2.) THE relevant facts giving rise to this revision are that the plaintiff/landlord has filed a suit for ejectment against the petitioner.

(3.) THE petitioner deposited Rs. 11,400/ - within one month from the service of the notice but could not deposit monthly rent as required by section 13(2) of the M.P. Accommodation Control Act and, therefore, his defence was struck down. That order was challenged by the petitioner by filing a Civil Revision No. 274/02 before this Court. The said revision was dismissed by order dated 27.3.2002 and the order striking out the defence of the petitioner was maintained. After passing of the said order the defendant filed an application for condonation of delay before the trial Court. The said application was rejected by the trial Court by the impugned order. The said application was rejected mainly on the ground that if the delay is condoned then it will amount to washing out the effect of the order passed by this Court in Civil Revision No. 274/02, which has become final between the parties.