SURESH KUMAR BASAIWALA Vs. GOBIND PRASAD AGARWALA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing the order dated 23.6.2005 (Annexure-5) passed by Learned Munsif, Giridih in Eviction Suit No. 13/2002. whereby learned Munsif, Giridih has stopped the defendant from cross-examining the witnesses, who wanted to cross-examine the plaintiffs witnesses on the point of claim of arrears of rent.

(2.) It has been stated that the suit was filed for eviction as well as for arrears of rent against the petitioner. There was an interim order for payment of arrears of rent under Sec. 15 of the Bihar Buildings (Lease, Rent and Eviction) Control Act (hereinafter to be referred to as 'the Act"). The petitioner failed to comply with the order. As a consequence thereof, the petitioner's defence towards eviction was struck off.

(3.) It has been submitted that despite the said consequence of non-compliance of the order passed under Sec. 15 of the Act, the petitioner was entitled to cross-examine the witnesses regarding the plaintiffs claim of arrear of rent against the petitioner, but he was not allowed to do so