Court No. - 7 Case :- WRIT - A No. - 5581 of 2010 Petitioner :- Vijay Rani Respondent :- Harish Chandra Petitioner Counsel :- Ashok Mehta Hon'ble Ran Vijai Singh,J.
Sri Ashok Mehta, learned counsel for the petitioner while assailing the
impugned orders dated 30-10-2009 and 18-8-2006 passed by the Additional
District Judge, Court No. 5, Bulandshahar in S.C. Revision No. 19 of 2006
and Judge Small Causes Court in S.C.C. Case No. 37 of 1990 has submitted
that the defence of the tenant ought to have been struck off under Order 15
Rule 5 of the Code of Civil Procedure as after filing of the petitioner’s
application to struck off the defence, the respondent has filed objection
thereto and thereafter without there being any order of the Court has deposited
the rent on 20-4-2006. In his submissions, the court below has illegally
condoned the delay in deposit and maintained the defense.
Matter requires consideration.
Issue notice returnable at an early date.
In addition to normal mode of service, the learned counsel for the petitioner
may serve the respondent out side the Court for which office may issue
necessary dasti notice after taking steps by the petitioner’s counsel. Steps be
taken within a week.
List on the date fixed by the office in the notice.
As an interim measure without prejudice to the right and contention of the
parties, the proceedings of the S. C. C. Suit No. 37 of 1990, Vijay Rani Vs.
Harish Chand pending in the Court of Judge Small Causes Court,
Bulandshahar shall remain stayed till the next date of listing.
Order Date :- 3.2.2010
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