MADAN LAL Vs. CHANDRA MOHAN

JUDGEMENT

(1.) SHRI Mani Ram Verma, Advocate has not pressed his prayer for amendment of the written statement made under Order 6 Rule 17 CPC before the learned trial Court. If that is so, this part of the order of the learned trial Court whereby he refused him to amend the written statement has become unassailable. Revision qua that part of the order is dismissed as not pressed.

(2.) HE presses his prayer for the dismissal of the application which has been moved by the plaintiffs for the striking off his defence on account of non- payment of rent/compensation for use and occupation in view of the provisions of Order 15 Rule 5 CPC and which was allowed by the learned trial Court. He submits that Order 15 Rule 5 CPC was inserted by the Punjab and Haryana High Court as referred in Punjab Govt. Gazette Legislative (Suppl) notification dated May 13, 1991 while this suit was instituted in the year 1989. He submits that the provisions of Order 15 Rule 5 could not be retrospective in effect. These could be only prospective in effect. In other words, these provisions should be applicable to the suits, instituted after 13th May, 1991. He further submits that provisions of Order 15 Rule 5 are penal in character and penal provisions cannot be retrospective in their effect to the detriment of the party, Order 15 Rule 5 CPC reads as follows :-

(3.) . In this view of the matter, this revision has to be allowed and is accordingly allowed. Order striking off the defence of the defendants passed by the learned trial Court is set aside. Defendant petitioner is, however, directed to deposit all arrears of rent, if any, due together with interest that has become accrued thereon to date in the trial Court on or before October 31, 2000. Participation of the defendant in the suit is subject to the compliance of this direction being given to him now. Learned trial court is directed to dispose of the suit as early as possible, at any rate, till 30.4.2001. Revision allowed.