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1981 Supreme(All) 102

R.R.RASTOGI
Mohd. Ishaq – Appellant
Versus
Vijaya Kumar Bansal – Respondent


Advocates Appeared:
Anshuman Singh, P.K. Jain, V.K. Goyal

Judgment

R.R. Rastogi, J.

1. THIS is defendant's revision under section 25 of the Provincial Small Cause Courts Act which is directed against the order passed by the IIIrd Additional District Judge, Meerut, under Order 15 Rule 5 of the Code of Civil Procedure striking off the defence of the defendant-applicant. The brief facts are these. The plaintiff-opposite-party filed a suit for ejectment and recovery of arrears of rent and mesne profits against the defendant-applicant. The defendant resisted the suit and filed a written statement. The first date of hearing fixed in the case was 28-2-1980 and the defendant deposited rent up to March, 1980 on 27-2-1980. However, he did not deposit interest on the amount of rent due for the month of January, 1980. Apart from this, the rent for the period April, 1980 to June, 1980 was deposited on 20-6-1980, for the months of July, August and September, 1980, on 9-9-1980 and for the months of October, November and December, 1980, on 17-12-1980. In other words, in respect of the rent for April, May, July, August, October and November, 1980 rent had not been deposited on the due date, that is, within one week of the rent having become due.

2. AN appli











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