MULAKH RAJ Vs. SEWA SAMITI REGD

JUDGEMENT

(1.) This revision petition is directed against the order dated 9.10.1993 passed by Sub Judge, First Class, Faridabad whereby the application moved by the plaintiff respondent under Order 15 Rule 5 Civil Procedure Code was disposed of.

(2.) Plaintiff filed a suit in December, 1986, written statement was filed on 10.3.1987 and issues were framed on April 23, 1987. Plaintiff started leading his evidence on 3.9.1987 and ultimately concluded his evidence on March 20, 1992. It was thereafter on March 31, 1992 an application under Order 15 Rule 5 Civil Procedure Code was filed seeking direction to the defendants to pay the arrears of rent and in the alternative to struck off the defence. This application was disposed of vide order dated 9.10.1993. Hence, this revision at the instance of the defendant.

(3.) The trial court vide impugned order came to the conclusion that in case the defence is struck off the defendants would be put to a great hardship in the absence of affording him an opportunity to take the payment of arrears of rent. The defendant was accordingly directed to deposit the entire arrears of rent upto date along with interest at the rate of 9 per cent per annum within ten days and to continue depositing the rent every month regularly within a week of the date of its accrual, failing which the defence of the defendant shall stand struck off.