JUDGMENT

DR. B.R. SARANGI, J.-

The Defendant, being the Petitioner, has filed this Writ Petition challenging the Order Dated 16.07.2010 passed by Learned Addl. District Judge, Jharsuguda in RFA NO.20 of 2009 directing the Petitioner to deposit arrear rent of Rs.3,000 & mesne profit @ RS.2,000 per month from May, 2008 to 30th June, 2010 before the lower Court as a condition for entertaining the appeal under Order 41, Rule 5(c) of the Code of Civil Procedure (in short, 'CPC').

2. The Opp. Party, being the Plaintiff, filed a suit bearing C.S. NO.15 of 2008 before the Learned Civil Judge, (Jr. Division), Jharsuguda for eviction from the suit house & give delivery of possession of the same through Court along with arrear rent & mesne profit. The Defendant contested the suit. However, the suit was decreed in favour of the Plaintiff directing the Defendant to give vacant possession of the suit house within one month from the date of order & further directed to pay arrear rent of Rs.3,000 & mesne profit @ RS.2,000 per month from May, 2008 onwards. Against the said Judgment & decree passed by the Learned Civil Judge, (Jr. Division), Jharsuguda in C.S. NO.15 of 2008, the Defendant preferred an