BINOD DAS Vs. HURO RABIDAS

JUDGEMENT

(1.) THIS civil revision application under Section 14(8) of the Bihar Buildings Lease, Rent and Eviction Control Act, 1982 is directed against the order of eviction dated 23.4.96 passed against the petitioners. The relevant facts are as follows.

(2.) THE suit was filed for eviction of the petitioners on the ground of personal necessity. Petitioner no. 1 appeared in the suit on 26.3.96 while petitioner no. 2 entered appearance on 18.4.96. They filed application seeking leave to contest as required under Section 14(4) of the BBC Act on 22.4.96 which was the next date fixed in the suit. From the order -sheet it appears that the said application was filed at 11.45 A.M. Interestingly enough, the court had already examined the plaintiffs as a witness and fixed the case for judgment on the next day, i.e. 23.4.96. On 23.4.96 he passed the impugned order. He did not think it worthwhile to consider the application seeking leave to contest on merit on the ground that the same had been filed at a late stage.

(3.) THIS Court had held in series of cases that the defendant is not required to file application seeking leave to contest on the date of appearance itself, in appropriate cases it can be done on the adjourned date as well. In the present case, as stated above, the petitioners had filed the application on the very first adjourned date.