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2015 Supreme(All) 3609

MANOJ KUMAR GUPTA
More Singh – Appellant
Versus
Chandrika Prasad – Respondent


Advocates Appeared:
For the Petitioner: Sanjeev Kumar Trivedi

JUDGMENT

Manoj Kumar Gupta, J.

The petitioner is challenging the order passed by Judge Small Causes in SCC Suit No. 4 of 2008, dated 15.3.2011, whereby his defence was struck off under Order XV, Rule 5 CPC and the order dated 30.5.2015 passed by the revisional court affirming the said order. Judge Small Causes has recorded a categorical finding of fact that the admitted arrears of rent were not deposited by the petitioner on the first date of hearing. The court has noted, that the petitioner, who is defendant in the suit, was duly served on 8.4.2008 and he appeared before the court on 28.2.2009 and filed written statement on 28.2.2009. But he did not make any deposit, either of arrears of rent or of monthly rent. The deposits made under Section 30, after first date of hearing of the suit, were held to be illegal. The revisional court, while dismissing the revision, apart from affirming the findings recorded by Judge Small Causes, also took into consideration the plea of the petitioner that he had deposited the rent in the suit. The revisional court has held that all the challans, which the petitioner had brought on record by way of paper no. 30 (Ga), relates to the period after the



















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