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2016 Supreme(All) 1425

PANKAJ MITHAL
BON TON PLASTICS PVT. LTD. , DELHI – Appellant
Versus
RAMESH CHAWLA – Respondent


Advocates:
Counsel :
Vijay Praksah for the Revisionist; Ranjit Saxena for the Opposite Parties.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri Vijay Prakash, learned counsel for the defendant-revisionist and Sri Ranjit Saxena, learned counsel appearing for the plaintiff-respondents.

2. The order dated 31.5.2016 passed by the Additional District Judge in exercise of power as Judge, Small Cause Court, rejecting the application of the defendant-revisionist (paper No. 33-Ga) for taking on record its written statement is subject of this revision under Section 25 of the Provincial Small Causes Court Act, 1887.

3. It appears that the plaintiff-respondents filed SCC Suit No. 75 of 2013 for eviction of the defendant-revisionist on the ground of arrears of rent after determining its tenancy. The defendant-revisionist in the said suit had put in its appearance on 20.11.2013. The defendant-revisionist on 24.7.2015 filed an application under Order 7 Rule 11 C.P.C. for rejection of the plaint. The said application was rejected vide order dated 18.1.2016.

4. The defendant revisionist after rejection of the above application filed an application on 17.2.2016 to allow time to challenge the above order before the High Court. The application was allowed and the order was challenged in SCC Revision























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