Court No. - 5
Case :- S.C.C. REVISION DEFECTIVE No. - 63 of 2019 Revisionist :- Ashok Chandra Opposite Party :- Y.M. Mahajan Counsel for Revisionist :- Devendra Kumar Mishra Counsel for Opposite Party :- Nipun Singh
Hon'ble Surya Prakash Kesarwani,J.
List revised. Case called out. Copy of formal order has been filed today alongwith supplementary affidavit dated 22.07.2019, which is taken on record.
This revision has been filed beyond limitation by 13 days alongwith delay condonation application and affidavit.
Cause shown for delay is sufficient. Delay is condoned. Delay Condonation Application is allowed. Office is directed to give regular number to the revision.
This revision has been filed praying to set aside the order dated 28.05.2019 in SCC Revision No. 27 of 2017 (Y.M. Mahajan Vs. Ashok Chandra Sen) passed by the IIIrd Additional District Judge, Gautam Budha Nagar, whereby the application 22ga filed by the plaintiff-respondent under Order XV Rule 5 C.P.C. was allowed.
Perusal of the impugned order dated 28.05.2019 shows that defendant/revisionist is regularly seeking adjournments. The plaintiff- respondent filed an Application 22ga under Order XV Rule 5 C.P.C. in the circumstances that the defendant-revisionist has not deposited the rent in the court, which is in arrears since 01.10.2017. Fifteen adjournments were sought by the defendant-revisionist and yet he has neither deposited any amount towards rent nor filed any undertaking for making good the balance amount of rent nor deposited the costs for allowing adjournment Application 46ga on 24.05.2019. Under the circumstances, I do not find any illegality in the impugned order dated 28.05.2019 allowing the Application of the plaintiff-respondent (paper no. 22ga) under Order XV Rule 5 C.P.C.
For the reasons aforestated, I do not find any merit in this revision. Consequently, the revision fails and is hereby dismissed.
Order Date :- 30.7.2019 NLY