BALAJI METAL Vs. SHILPA MAHESHWARI

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, is filed by the defendant -tenant taking exception to the order dated 28/4/15 passed by the trial Court allowing the application under Order 7 Rule 14, CPC filed by the respondent -plaintiff.

(2.) Facts necessary for disposal of this writ petition are in narrow compass.

(3.) Suit for eviction on the ground of arrears of rent is pending consideration. Plaintiff has also taken plea that petitioner - defendant has taken loan from the Bank mortgaging the suit property, to which plaintiff is also a party. However, as the petitioner -defendant has committed default in repayment, his cash -credit account has been rendered as NPA. Likewise, he has also committed default in repayment of loan amount and as such, he is a rank defaulter. Hence, in connection with the aforesaid pleadings, documents to demonstrate about the communication from Bank as regards NPA of cash credit limit as well as notice of bank calling upon the defendant to repay the outstanding dues and other documents in support of such plea were sought to be brought on record by the application under Order 7 Rule 14, CPC and vide the order impugned the same have been taken on record.