Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 1376 of 2019 Petitioner :- Alok Swaroop And 2 Others Respondent :- The Additional Civil Judge And 2 Others Counsel for Petitioner :- Pramod K. Gupta Counsel for Respondent :- Nipun Singh
Hon'ble Jayant Banerji,J.
Heard Sri Pramod Kumar Gupta, learned counsel for the petitioners and Sri Nipun Singh, learned counsel appearing for defendants-respondent nos. 2 and 3.
This petition has been filed for a direction to the Addl. Civil Judge (Senior Division), Court No.2, Muzaffar Nagar to decide the Defendant's Application for leave to defend dated 8.1.2019 filed under Sub-Rule (5) of Rule 3 of Order 37 C.P.C as well as the Summary Suit No. 670 of 2018 (Alok Swaroop and others Vs. Shriram Educational and Charitable Trust and another), filed under Order 37 C.P.C within a specified period.
It is contended that the summary suit was filed for recovery of money from the defendant nos. 2 and 3 who are running a school over the property of petitioners in respect of which a registered lease agreement was entered into on 29.6.2016 and the defendants have violated several terms and condition of the lease and as such under compelling circumstances, the petitioners filed the summary suit for recovery of loan.
On the other hand, it has been contended by the learned counsel for the defendants-respondents that the dispute is between petitioners-plaintiff and defendant who are landlord and tenant respectively and the suit has been wrongly filed under Order 37 C.P.C.
Be that as it may, in the interest of justice and considering all aspects of the matter, this petition is disposed of with a direction to the Addl. Civil Judge (Senior Division), Court No.2, Muzaffar Nagar to consider and decide the Defendant's Application for leave to defend dated 8.1.2019 filed under Sub-Rule (5) of Rule 3 of Order 37 C.P.C as sell as the Summary Suit No. 670 of 2018 and any other pending application, expeditiously and as far as possible within a period of six months from the date of receipt of a certified copy of this order.
Order Date :- 28.2.2019 sfa/ (Jayant Banerji, J)