JATA SHANKAR BANSAL AND OTHERS Vs. HALIMA

JUDGEMENT

(1.) Under challenge is the order dated 28.8.2018, whereby the trial court dismissed the petitioners-tenants-defendants' (hereafter 'the tenants') application under section 151 CPC and refused to extend time for compliance with the order dated 9.7.2018, whereby tenants' application under Order 8, Rule 1A (3) CPC was allowed subject to payment of cost of Rs. 2000/-, out of which Rs. 1000/- was to be paid to the respondent-landlady-plaintiff (hereafter 'the landlady') and Rs. 1000/- were to be deposited in Legal Aid. The amount aforesaid was to be paid/deposited as a pre-condition for the court's indulgence and last opportunity was granted to the tenants to produce affidavits of all the witnesses on the next date and in default thereof the tenants' evidence was deemed to have been closed.

(2.) The landlady filed a petition for recovery of rent and eviction against her erstwhile tenant Jatashankar. Written statement thereto having been filed and issues framed, the landlady's evidence was closed on 16.5.2012 and the case was posted for tenants' evidence. The erstwhile tenant Jatashankar having expired, his LRs were brought on record. They however dragged on the trial and did not produce their evidence and instead belatedly filed an application under Order 8, Rule 1A (3) CPC for taking the rent receipts; copy of the order sheets of eviction application nos. 115/2004 and 99/2007 on record. The trial court vide order dated 9.7.2018 allowed the said application in the facts of the case, subject to payment of cost of Rs. 2000/- in the manner earlier recorded. Failure to comply was directed to entail closure of the tenant's evidence. The tenants neither complied with the order dated 9.7.2018 nor showed any justified reason for non compliance. The trial court resultantly on 11.7.2018 as directed earlier treated the tenants' evidence to have been closed and the documents taken on record under Order 8, Rule 1A (3) CPC were struck off the court's record.

(3.) The tenants filed an application under section 151 CPC for recalling the order dated 11.7.2018 and extending the time for compliance with the order dated 9.7.2018, which came to be dismissed by the trial court vide order dated 28.8.2018. Hence this writ petition.