Prakash Krishna, J.-

The present revision has been filed under sec­tion 25 of the Provincial Small Causes Courts Act against the order dated 14th July, 2009 whereby the Trial Court has/ejected the application 17-C filed by the present applicant who is defendant in S.C.C. Suit No. 58 of 2008. The said suit has been filed by the opposite party herein for recovery of arrears of rent and ejectment etc. against the present applicant. Summons were issued by ordinary post as well as registered post. According to the report, the tenant-appli­cant refused to accept the summons and therefore, the Court ordered that the suit may proceed ex parte. Thereafter, application No. 17-C was filed by the present applicant to take the written statement on record. The said application has been dismissed by the order under revision.

2. Heard Shri K.D. Tripathi, learned Counsel for the applicant and Shri Madhav Jain, learned Counsel for opposite party.

3. It is true that the defendant-tenant has not filed any affidavit or any other material to challenge the findings recorded by the Court below and en­dorsement of refusal on the registered letter containing the summons. But in the interest of justice, as prayed by the applicant one more opportunity be granted to file the written statement subject to payment of heavy cost.

4. Shri Madhav Jain, learned Counsel for opposite party very fairly states that if the suit is going to be decided shortly, he may not have any seri­ous objection.

5. Taking into consideration the entire facts and circumstances of the case, the applicant-tenant is directed to appear before the Court below on 22nd November, 2010 alongwith certified copy of this order and shall file the writ­ten statement on that date. The defendant-tenant shall also deposit a sum of Rs. 10,000/- as costs on or before that date before the Trial Court. If the applicant fulfills the condition as stipulated above within the stipulated time, the order dated 13th October, 2009 shall stand set aside and the Trial Court will take the written statement on record. The Trial Court then proceed to dispose of the suit expeditiously, preferably within a period of one year from the date of fil­ing of certified copy of this order.

6. By way of clarification, it is added that if the applicant fails to com­ply with any of the conditions stipulated above within stipulated time, the present revision shall stand dismissed.

7. Subject to above, the present revision succeeds and is allowed. The order dated 13th October, 2009 is set aside.

Revision Allowed.

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