- (1.) SUDHIR Narain, J. This writ peti tion is directed against the order of the trial Court dated 7-12-1998 striking off defence of the petitioner and the order of the revisional Court dated 18-11- 1999 dismissing revision against the aforesaid order. Respondent No. 3 filed a suit for recovery of arrears of rent, damages and ejectment against the petitioner in the Court of Judge, Small Causes. The petitioner filed a written statement deny ing the averments made in the plaint.
(2.) RESPONDENT No. 3 filed an applica tion under Order XV, Rule 5 of the Code of Civil Procedure for striking off the defcnce of the petitioner on the allegations that the petitioner had not deposited the entire amount of rent and further did not pay the amount every month regularly as provided under the said provision. The petitioner filed an objection to the said application. The Judge, Small Causes Court allowed the application of the plaintiff-respondent on 7-12-1998. The petitioner preferred a revision and the revision has been dismissed on 18-11-1999. I have heard Sri Rajesh Tandon, learned Counsel for the petitioner and Sri A. K. . Gupta, learned Counsel Co; the con testing respondent. The trial Court held that the petitioner had deposited the amount but has not specifically stated as to the period for which the amount was deposited and, secondly, he has not deposited the rent every month regularly. The revisional Court has affirmed the said order. The Court was to consider whether on the facts of the case it was necessary to exercise the discretion to strike off the defence taking the entire facts and circumstances of the case into consideration. The Courts below have not given any detailed reasoning for striking off the defence.
(3.) IN view of the consideration of the entire material on record, the writ petition is allowed. The impugned order dated 7-12-1998 and the order of the revisional Court dated 18-11-1999 are hereby quashed. The suit was filed in the year 1991. The trial Court is directed to decide the suit within 3 months from the date of production of certified copy of this order. The case shall not he normally adjourned and if for any compelling reason, it is to be done, the same shall not be done for more than a week at a time. It is made clear that the amount deposited by the petitioner in Court can be withdrawn by the plaintiff of the suit without any security. Petition allowed. .;