Court No. - 19
Case :- WRIT - A No. - 1087 of 2019 Petitioner :- Sanjai Kumar Srivastava And 2 Others Respondent :- Civil Judge(Senior Division), Jaunpur And 3 Others Counsel for Petitioner :- Istiyaq Ali,Ali Hasan
Hon'ble Manoj Kumar Gupta,J.
The petitioners have instituted a suit of the nature of small causes being SCC Suit No. 3/2014 against respondent No. 2 claiming arrears of rent and for eviction. During the pendency of the suit, they filed an application dated 27.4.2016 under Order 15 Rule 5 CPC for striking off the defence of the tenant for non-compliance of the provisions thereof. The application bears paper No. 45Ga. In reply, the defendant-tenant has filed his objection 47Ga. Several dates have been fixed in the case, but the application has yet not been decided. The petitioners have therefore filed the instant petition seeking a direction to the trial Court to decide the said application expeditiously.
In the opinion of the Court, once an application under Order 15 Rule 5 CPC has been filed, the trial Court was enjoined with the duty to decide the said application expeditiously. Accordingly, the petition is disposed of by directing the trial Court to decide the said application expeditiously, without any further delay and also without granting unnecessary adjournments.
(Manoj Kumar Gupta, J.) Order Date :- 22.1.2019 AM/-