RUKHSANA A. REIN Vs. J.L. ARORA

JUDGEMENT

(1.) THE petitioners have invoked the jurisdiction of this Court, though said to be under Section 115 read with Section 151 of the Code of Civil Procedure, but, in fact, is a revision under Article 227 of the Constitution of India, vide which the petitioners have challenged the order dated 7.1.2008 passed by the learned Additional Civil Judge (Senior Division), Faridabad, restoring the suit filed by the plaintiff/respondent, which was dismissed in default on 8.11.2002. The petitioners have also challenged the order dated 2.8.2008 passed by the learned Civil Judge (Senior Division), Faridabad, vide which the application moved by the petitioners for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, was ordered to be dismissed.

(2.) AT the time of hearing of this case, learned counsel for the petitioners withdrew his challenge to order dated 7.1.2008 i.e. the order restoring the suit to its original number.

(3.) IT was the case of the plaintiff/respondent, that defendant No. 1 never paid rent after May, 1989. Defendant No. 2 was impleaded as party being husband of defendant No. 1, who was a practicing lawyer in the Hon'ble Supreme Court of India. It was also pleaded in the plaint, that at the behest of defendant No. 2, defendant No. 1 instead of paying the rent started harassing plaintiff/respondent on one pretext or the other. The case set up further was, that only Rs. 7,500/- (Rupees seven thousand five hundred only) was paid to the plaintiff/respondent by defendant No. 1 i.e. rent from February, 1989 to April, 1989, at the time of taking possession of the house, and thereafter no rent was paid.