S. S. KULSHRESTHA, J.

This revision under section 25 of Small Causes Courts Act was brought by the applicant/defendant against the order dated 23. 11. 2005 passed by the learned Judge Small Causes Court/additional District Judge, Allahabad whereby striking off the defence under Order XV, Rule 5 of the Code of Civil Procedure (hereinafter referred to as the Code) on the Application 25-C moved in that behalf by the landlord/opposite parties. It is said that the Trial Court has erect while construing the first date of hearing and finding the deposits to be not in accordance with law. For the purpose of Order XV, Rule 5 of the Code the date of hearing would be the date when the Court applied its mind to determine the points of controversy and not date fixed for filing of written statement. The Trial Court has fixed 12. 1. 2006 for final hearing on the points in issue and so that would be deemed to be the first date of hearing. Finding to the contrary recorded by the Trial Court holding 3. 1. 2005 to be the first date of hearing when the written statement was filed as patently illegal and against the well settled principle of law. It has also been contended that the deposit under sectio

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