JUDGMENT :

1. Heard Sri Arvind Srivastava, learned counsel for the revisionist and perused the record. None appears for the opposite party. Since service of notice upon the opposite party has been presumed to be sufficient on 26.11.2012 this Court is proceeding to decide the matter.

2. The defendant-revisionist has instituted this civil revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (in short ‘the Act, 1887’) to quash the order dated 28.07.2012 passed by Sri A.K. Pundir, ADJ, Court No.1, Jhansi in SSC Suit No.9 of 2011 by which he rejected the application 32(C) moved under Section 10 of Civil Procedure Code, 1908 (in short ‘CPC’) to stay the proceeding of the said suit.

3. In brief, facts of the case are that the plaintiff Smt. Indu Bajpayee filed an SCC Suit No.9 of 2011 against the revisionist-defendant on the ground that he is a defaulter tenant of house no.251 (present no.388) situated at Mohalla Itwari Ganj, Jhansi at the rate of Rs.1,500/- monthly rent. He has not paid the rent in spite of repeated demand since 12.11.2006. Nar Narayan Das Srivastava son of Sri Thakur Prasad @ Thakur Das was the owner of the house in suit from which she purchased land fo