ORDER :

Surya Prakash Kesarwani, J.

"Whether principle of natural justice is necessary to be followed under Order XV Rule 5, C.P.C. for striking off the defence" is the main question involved in the present revision."

1. Heard Sri P.K. Jain, learned senior advocate assisted by Sri Abu Bakht, learned counsel for the defendant-tenant/revisionist and Sri Atul Dayal, learned senior advocate assisted by Sri Sumit Daga, learned counsel for the plaintiff-landlord/respondent.

FACTS:

2. It is not in dispute that the defendant/revisionist is the tenant in a portion of House No. 113B/1, Vakil Road, Nai Mandi, Muzaffarnagar, of which the plaintiff-respondent is the owner and landlord. According to the defendant-tenant/revisionist, the rent was Rs. 750/- per month while according to the plaintiff-landlord/respondent, the rent was Rs. 2,500/- per month. The plaintiff-landlord/respondent filed S.C.C. Suit No. 20 of 2011 (Manohar Lal Singhal vs. Shashi Bhushan) in which the defendant-tenant/revisionist filed written statement on 30.09.2011. He also filed an Application 22ga under Order XV Rule 5 C.P.C. for adjustment of rent deposited in Misc. Case No. 133 of 2009, upto the period of June, 2011 @ Rs. 7