Gangu vs Alka Arora - 2022 Supreme(All) 941

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 941

J. J. MUNIR
Gangu – Appellant
Versus
Alka Arora – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Sunil Kumar Srivastava.
For the Respondent: Prakhar Tandon.

JUDGMENT :

J.J. MUNIR, J.

1. Heard Mr. S.K. Srivastava, learned Counsel for the petitioner and Mr. Prakhar Tandon, Advocate appearing on behalf of plaintiff-respondents.

2. The petitioner is a tenant and the defendant in S.C.C. Suit No. 350 of 2018, pending before the Judge, Small Cause Court, Kanpur Nagar.

3. On an application made by the respondent-landlord under Order XV Rule 5 of the Code of Civil Procedure (for short ‘the CPC’) the learned Judge, Small Cause Court has ordered the petitioner's defence to be struck off on the ground of failure to regularly deposit rent, month by month, with the Trial Court. The order was challenged in a revision preferred to the District Judge of Kanpur Nagar, being Civil Revision No. 91 of 2021. The said revision was heard and dismissed by the Additional District Judge, Court No. 16, Kanpur Nagar.

4. Accordingly, the petitioner has instituted this petition under Article 227, asking this Court to set aside the two orders dated 08.02.2021 and 09.09.2021 passed by the Courts below and restore his defence.

5. The facts of this case, relevant for the purpose of this petition, show that there is no issue about compliance with the first part of Rule 5 of Or