R.R.Rastogi, J. - (1.) This is plaintiff's revision under Section 25 of the Provincial Small Cause Courts Act. The brief facts are these. The plaintiff Smt. Champa Devi (who died during the pendency of the suit) and Smt. Saraswati Devi were owners of house No. 26-D Charu Chandra Mitra Road, Allahabad and the defendant opposite party was a tenant of a portion of it on a monthly rent of Rs. 50/-. The defendant committed default in payment of rent and after terminating his tenancy the plaintiff filed a suit for his eviction and for arrears of rent and damages. Ad litem and future interest was also claimed.
(2.) The suit was filed on small causes court side in the court of Judge, Small Causes, Allahabad and a summons was issued to the defendant fixing 26-7-1977 for hearing. That summons was duly served. The defendant appeared on that date and filed written statement and on that very date he also deposited the entire amount of rent along with water tax payable by him till 31-7-1977. He however, did not deposit the interest on the amount claimed. On that account the plaintiffs moved an application (13-c) on 25-10-1977 under Order 15, Rule 5 of the Code of Civil Procedure for striking off the defence. The defendant filed an objection (14-C) on 16-11-1977 and also deposited the requisite amount of interest on 17-11-1977. After hearing parties, the trial court observed that inasmuch as substantial compliance of the provisions contained in Order 15, Rule 5 had been made, there was no justification for striking off the defence and on that view dismissed the plaintiff's application. The present revision has been preferred against this order.
(3.) By means of the amendment introduced by the U. P. Civil Laws (Reforms and Amendment) Act, 1972 Order 15, Rule 5 of the Code of Civil Procedure was amended providing for striking off the defence of a tenant defendant in the event of his failure to deposit the entire arrears of rent admitted to be due from him along with certain other sums of money mentioned in Order 15, Rule 5 on the first date of hearing. That rule was amended by this court and subsequently by Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976, this rule was substituted and Sub-rule (1) thereof reads as under :- "5. Striking off defence on failure to deposit the admitted rent, etc. -- (1) In any suit by a lessor for the eviction of a lessee after the determination of his lease and for the recovery from him of rent or compensation for use and occupation, the defendant shall, at or before the first date of hearing of the suit, deposit the entire amount admitted by him to be due together with interest thereon at the rate of nine per sent per annum and whether or not he admits any amount to be due, he shall throughout the continuation of the suit regularly deposit the monthly amount due within a week from the date of its accrual, and in the event of any default in making the deposit of the entire amount admitted by him to be due or the monthly amount due as aforesaid, the court may subject to the provisions of Sub-rule (2) strike off his defence." Explanation I to this sub-rule defines the expression 'first hearing' to mean the date for filing written statement or for hearing mentioned in the summons or where more than one of such dates are mentioned, the last of the dates mentioned. The expressions "any amount admitted by him to be due" and "monthly amount due" have been respectively defined in Explanations II and III. It is not necessary to reproduce the same for the present purpose. Sub-section (2) says that before making an order for striking off the defence, the court may consider any representation made by the defendant in that behalf provided such representation is made within ten days, of the first hearing or, on the expiry of the week referred to in Sub-section (1) as the case may be. Sub-section (3) and the two provisos thereto are not relevant for the point under consideration.;