RAGHUBIR SINGH Vs. BALDEV RAJ TALWAR

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 13.5.2005 passed by the learned Rent Controller, Amritsar striking off the defence of the petitioner for non-payment of the costs and accordingly no written statement was taken on record.

(2.) THE only contention of the learned counsel for the petitioner is that the cost was imposed vide order dated 21.2.2005, when the case was adjourned to 24.4.2005 for filing of written statement. However, 24.2.2005 was declared holiday and accordingly the case was taken up on 25.5.2005 when another opportunity was given to the petitioner to file the written statement and it was also directed that the cost be paid on the adjourned date. However, on the date fixed the case was adjourned to 18.4.2005, which was again declared as holiday and accordingly the file was taken up on 19.4.2005. On the said date case was adjourned for filing of written statement but the order shows that the costs were not demanded. The learned counsel for the respondent states that on the previous date a direction was issued to pay the cost, therefore, there was no necessity to demand the cost again. However, I do not agree with the contention raised by the learned counsel for the respondent. This Court in Smt. Sarupi Devi and others v. Gurcharan Singh, 1984 RRR 170 : 1984 PLJ 557 has been pleased to lay down that "next following" need not necessarily be a date of hearing or a date or taking any other steps in the suit. Where the payment of costs is not demanded on the next following date, the defendant is deemed to have waived the right to get the suit dismissed. In view of this, there was no justification with the learned trial Court to strike off the defence on 13.5.2005. Accordingly, this revision petition is allowed. The impugned order is set aside. However, keeping in view that despite a number of opportunities, the petitioner had not filed written statement, therefore, he is granted one last opportunity to do so on payment of costs of Rs. 2,000/-. Petition allowed.