DESHRAJ Vs. OM PRAKASH

JUDGEMENT

(1.) THIS revision by the defendant is directed against the order of the learned District Judge, Alwar dated July 28, 1988 upholding the order passed by the learned Additional Civil Judge, Alwar as well as the order passed by the trial court dated August 26, 1987. The order striking of the defence against eviction was passed on September 14, 1983 by the trial court. The appeal against the said order was dismissed on October 13, 1984 and thereafter, a revision No. 676/1984 was filed before this Court. The said revision was allowed in part by order dated February 11, 1987 and the order striking of defence against eviction was kept-intact so far as the ground for default in payment of rent is concerned. So far as other grounds of eviction are concerned, the defendant was permitted to lead his evidence. The defendant submitted an application on August 12,1987 with a prayer that he may be permitted to contest his right so far as default in payment of rent is concerned on account of the changed circumstances and some change in law on account of the Full Bench decision of this Court in Bishan Das v. Savitri (l ). The application filed by the defendant was dismissed by the trial court by order dated August 26, 1987 and the appeal filed against this order was also dismissed by the learned District Judge.

(2.) IT was contended by Mr. Lodha that the earlier order was not resjudi-cate and in view of changed circumstances, the defendant was entitled to raise the plea that the defence against eviction was not liable to be struck out.