JUDGMENT :

1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Krishna Nand Rai alongwith Sri Prashant Rai, learned counsel for opposite party.

2. Present petition has been filed challenging the order dated 14.11.2022, passed by Judge, Small Causes Court, Saharanpur in SCC Suit No. 25 of 2014, by which defence of petitioner-defendant was struck off under provision of Order XV, Rule 5, C.P.C. and order dated 31.01.2023 passed by District Judge, Saharanpur dismissing the SCC Revision No. 132 of 2022, which was filed by the petitioner-defendant challenging the order dated 14.11.2022.

3. Since, only legal question is involved in this petition, therefore, with the consent of parties without inviting for affidavits, the matter is being decided at the admission stage itself.

4. Learned counsel for the petitioner-defendant submitted that plaintiff-respondent had filed SCC Suit No. 25 of 2014 before the Judge, Small Causes Court, Saharanpur for arrears of rent and ejectment on the ground of default in payment of rent. On service of summons, petitioner-defendant has filed application Paper No. 12-Ga dated 14.10.2014 to deposit the rent as provided under Order XV, Rule 5, C.P.C. The aforesaid application was allowed vide order dated 27.10.2014 and petitioner-defendant had deposited rent alongwith interest on 14.10.2014 for the period from 01.08.2011 to 05.08.2014 and also filed written statement.

5. He next submitted that suit is being contested, but due to illness of petitioner, he could not deposit monthly rent, as provided under Order XV, Rule 5, C.P.C., therefore, he has filed application Paper No. 41-Ga dated 31.05.2017 for permission to deposit the entire amount for the period from 30.09.2015 to 30.10.2017 and also presented tender for the same. Against the said application, objection paper No. 44-Ga dated 27.02.2018 has been filed by plaintiff-respondent and ultimately, application Paper No. 41-Ga has been rejected by Judge, Small Causes Court vide order dated 29.08.2018.

6. He further submitted that petitioner-defendant subjected to challenge the order dated 29.08.2018 before the District Judge, Sharanpur vide SCC Revision No. 31 of 2018, which was rejected vide order dated 07.01.2019 with the finding that Trial Court has rightly rejected the application Paper No. 41-Ga and also rightly struck off the defence of the petitioner-defendant. Petitioner-defendant has challenged both the orders dated 29.08.2018 and 07.01.2019 before this Court by filing Civil Misc. Writ Petition No. 805 of 2019, which was disposed of vide order dated 07.02.2019. This Court, while disposing of the said writ petition, has clarified that order impugned dated 29.08.2018 would not amount to order of striking off of the defence with liberty to petitioner-defendant to challenge the order, in case defence is struck off.

7. He next submitted that vide order dated 24.11.2021, Judge, Small Causes Court has suo moto struck off the defence of petitioner-defendant, upon which, he has filed application Paper No. 62-C-2 for recalling the order dated 24.11.2021. The said application was allowed vide order dated 12.07.2022. On 10.12.2021, plaintiff-respondent has also filed application Paper No. 65-C under Order XV, Rule 5, C.P.C. to strike off the defence of the petitioner-defendant, upon which, petitioner-defendant has filed objection Paper No. 67-C dated 18.05.2022 with specific plea that all amount due, as provided under Order XV, Rule 5, C.P.C. has been deposited by him and tenders have also been annexed, therefore, the application to strike off the defence is not maintainable.

8. He next submitted that by the impugned order dated 24.11.2021, Judge, Small Causes Court, after going through the application of plaintiff-respondent and reply of petitioner-defendant, has struck off the defence of the petitioner-defendant only on the ground of earlier order passed on 29.08.2018.

9. Learned counsel for the petitioner has assailed the order dated 24.11.2021