- (1.) Supplementary affidavit filed today is taken on record. This writ petition has been filed against the judgment and order dated 4.5.2012 passed by the Additional District Judge, Court No. 3, Bijnor in S.C.C. Revision No. 8 of 2010 upholding the judgment and order dated 17.8.2009 passed by the Judge, Small Causes Court, Bijnor in S.C.C. Suit No. 35 of 2007, whereby the defence of the petitioner was struck off under Order XV, Rule 5 C.P.C. Brief facts of the case are as follows:
(2.) The respondent/plaintiff filed a suit for arrears of rent and ejectment against the petitioner. During the pendency of the S.C.C. Suit, plaintiff moved an application under Order XV, Rule 5 C.P.C. for striking off the defence of the petitioner. Respondent filed its objections stating that the application for striking off the defence has been filed by plaintiff on wrong facts as she was depositing the rent regularly. She further stated that she deposited the rent in lump sum for some months, if in the opinion of the Court, it is found that there is any delay in depositing the rent, it may be condoned.
(3.) The Trial Court after considering the material available on record by order dated 17.8.2009 struck off the defence of the petitioner. Being aggrieved and dissatisfied with the said order dated 17.8.2011, the petitioner filed a S.C.C revision, which was registered as Rent Revision No. 8 of 2010. The said Revision was dismissed by the Revisional Court on 4.5.2012. Hence the present writ petition.;