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ARUN KUMAR JHA
Md. Naim – Appellant
Versus
Md. Samsuddin – Respondent
Arun Kumar Jha, J. – Heard learned counsel for the parties.
2. The petitioner is aggrieved by the order dated 15.10.2019 passed in Eviction Suit No. 04 of 2012 by learned Munsif 2nd, Munger whereby and whereunder the application dated 06.04.2019 filed by the respondent under Order 16 Rule 7 read with Section 151 of the Code of Civil Procedure (in short “the Code”) has been allowed.
3. Shorn of unnecessary details, the case of the parties is that the petitioner as plaintiff has filed Eviction Suit bearing No. 04 of 2012 beseeching the learned trial court to pass a decree of eviction against the defendant/respondent apart from seeking a decree of recovery of Rs.2400/- which became due towards rent. The defendant/respondent appeared and filed his written statement opposing the contention of the plaintiff. It further transpires that as the defendant did not comply the order under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, his defence was struck off vide order dated 09.08.2016. It further transpires that during the trial, the defendant filed a petition on 06.04.2019 in the learned trial court submitting that plaintiff has deposed in his suit that she has purch
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