Hon'ble Rakesh Tiwari, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioner claims to be a tenant of shop @ Rs. 300/- per month situated in Mohalla Nandanpura Avas Vikas Colony, Jhansi. THE Respondent/landlord filed SCC Suit No. 5 of 2003 Munshi Ram Bhardwaj v. Jagdish Dwivedi, for arrears of rent and ejectment in the Court of Judge Small Causes, Jhansi. The case was contested by the petitioner denying the allegation made in the plaint and submitted that he is not a defaulter and that in this regard no notice terminating his tenancy was served upon him. An application dated 20.10.2004 has been moved under Order 7 Rule 11 C.P.C. to the effect that the plaintiff has not given the date on which cause of action has arisen and as such the plaint is liable to be rejected.
(3.) SUBSEQUENTLY, an amendment application dated 14.12.2004 was moved under Order 6 Rule 17 of the C.RC. for amendment of the plaint. The petitioner/ tenant also moved an application dated 4.9.2006 inter alia alleging that the valuation of the suit is more than Rs. 25,000/- as such the Court of Judge Small Causes Court has no jurisdiction to try the suit. It appears that the plaintiff/respondent moved an application on 18.3.2008 1 under Order 15 Rule 5 of the C.RC. for striking off defence of the petitioner. Objection were filed by the petitioner/tenant inter alia that the application dated 4.9.2006 (paper No. 46-C) regarding valuation of the suit has not been decided as yet and as such the application moved by the plaintiff /respondent for striking off the defence under Order 15 Rule 5 of the C.P.C. was not maintainable.;