SUMERMALL JAIN Vs. RADHA RANI DUTTA

JUDGEMENT

(1.) The petitioners, by way of filing the instant writ petition under Article 227 of the Constitution of India, have prayed for quashing of the order dated 17.11.2011 (Annexure-4) passed by Additional Munsif 2nd, Ranchi in Eviction Suit No. 26 of 2006, whereby the learned court below struck off the defence of the defendant-petitioners as well as the order dated 18.08.2012 (Annexure-6) whereby learned court below refused to recall the said order. Heard the learned counsel for the petitioners as well as respondents at length and perused the impugned order as well as the materials placed on record.

(2.) The learned counsel for the petitioners by referring explanation submitted before the court below, tried to justify that though reasonable explanation was given, the same was not accepted by the court below. It is further submitted that the court below has not properly appreciated the provision as contained in Section 15 of the Act while passing the impugned order.

(3.) In support of his submissions, he has referred to and relied upon two judgments of the Hon'ble Apex Court: