D. S. Sinha, J. - (1.) Heard Sri B. N. Agarwal. the learned counsel appearing for the defendant-applicant and Sri Prakash Gupta, the learned counsel appearing for the respondent-opposite parties.
(2.) Instant revision under Section 25 of the Provincial Small Cause Courts Act, 1887, as amended by the State of U. P. is directed against the order dated 16th September. 1989, passed by the Judge. Small Causes Court/IV Additional District and Sessions Judge, Jhansi in Original Suit Wo. 15 of 1988, Ramanand Dixit and another v. Bal Krishna.
(3.) The impugned order was passed on the application No. 30-C moved by the plaintiff-opposite parties under Rule 5 of Order XV of the Code of Civil Procedure. 1908 (hereinafter called the 'Code'), and by the order the defence of the defendant-applicant has been struck off. The applicant seeks to assail the Impugned order on the following two grounds : 1. that the trial court has misconstrued the provisions of Order XV Rule 5 of the Code of Civil Procedure and wrongly struck off the defence of the defendant-applicant inasmuch as under Order XV, Rule 5 of the Code of Civil Procedure, only admitted amount is to be deposited by the defendant-applicant but defendant-applicant has not admitted any amount which is due and as such, the defence was not liable to be struck off : and 2. that the application of the plaintiff-opposite parties for striking off the defence of the applicant was not maintainable after close of the evidence of the plaintiffs' witnesses and the trial court committed illegality in entertaining and allowing the application.;