Court No. - 69
Case :- S.C.C. REVISION No. - 16 of 2021 Revisionist :- Jitendra Kumar Singh Opposite Party :- Shri Dharm Sangh Shiksha Mandal Counsel for Revisionist :- Brahm Prakash Mishra Counsel for Opposite Party :- Sunil Kumar Misra,
Hon'ble Shekhar Kumar Yadav,J.
Heard Sri Pramod Jain, learned Senior counsel assisted by Sri Brahm Prakash Mishra, learned counsel for the revisionist and Sri Sunil Kumar Misra, learned counsel for the opposite party.
The instant SCC Revision has been filed challenging the order dated 05.12.2020 passed by learned Additional District Judge, Court No.10, Varanasi in SCC Suit No.43 of 2019 (Sri Dharm Singh Shiksha Mandal vs. Jitendra Kumar Singh), whereby the defence of the defendant-revisionist was struck off, under order 15 Rule 5 of C.P.C.
The facts in brief are that on 12.09.2004 an agreement was entered into by defendant-revisionist and respondent-opposite party. After the agreement, the defendant-revisionist had opened a shop in the building of the respondent-opposite party, thereafter, the defendant-revisionist had been running shop and continuously paying the rent as per the agreement. On 05.10.2019, the landlord sent a notice to the defendant- revisionist to vacate the shop in question. On 08.11.2019, the defendant-revisionist had given reply to the aforesaid notice denying the payment of extra amount and had filed suit for prohibitory permanent injunction under order 39 Rule 1 Civil Procedure Code before Civil Judge (Junior Division) Varanasi, who vide order dated 23.07.2021 has passed the order directing the parties to maintain the status quo. Feeling aggrieved, the respondent-opposite party filed an application before Small Causes Court/Additional District Judge Small Cause No.43 of 2019 (Sri Dharam Sangh Shiksha Mandal through its Secretary vs. Jitendra Kumar Singh) on 16.11.2019 to dispossess the defendant-revisionist from the building of the landlord and also recover the rest rent amount of Rs.2,55,200/-, hence, this SCC revision.
Learned counsel for the revisionist has submitted that the revision was admitted on 16.12.2019 and the copy of the plaint etc. was received by the defendant on 20.01.2020 and the date for filing the written-statement was fixed on 05.02.2020. The court's below has committed the illegality, treating it to be the first date of hearing. He has further submitted that the date for hearing in the matter was 30.7.2020 and prior to the said date the appellant has deposited the entire amount of rent along with the interest as provided under Section 20 (4) of U.P. Act, No. 13 of 1972 and, therefore, the provision of order 15 Rule 5 is not applicable.
I have considered the submissions advanced by learned counsel for the parties.
Considering the facts and circumstances of the case as well as submissions made, but without prejudice to the merits of the case, the instant revision is allowed and the impugned order dated 05.12.2020 passed by learned Additional District Judge, Court No.10, Varanasi in SCC Suit No.43 of 2019 (Sri Dharm Singh Shiksha Mandal vs. Jitendra Kumar Singh) is hereby set aside.
The matter is remanded back to the court below to give one opportunity to the revisionist to file his defence/written statement before it and thereafter the court below is directed to decide the matter expeditiously, within a period of six months from the date of presentation of a certified copy of this order, if there is no other legal impediment. It is made clear that no unnecessary adjournment shall be granted by the court below and if the adjournment is taken by either of the parties, the court below shall impose heavy cost upon the parties.
Order Date :- 27.10.2021 Ajeet Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.10.28 17:00:15 IST Reason: Document Owner Location: High Court of Judicature at Allahabad