Krishna Murari, J. - (1.) Case called out. No one has appeared on behalf of petitioner to press the writ petition. However, I have perused the record.
(2.) SCC Suit no. 70 of 2011 was filed by the respondent-landlord seeking eviction of the petitioner-tenant on the ground of arrears of rent. It was alleged that the petitioner was a tenant at the rate of Rs. 1500/- per month and was in arrears with effect from 05.03.2010. Proceedings were contested by tenant. However, she failed to deposit rent on the first date of hearing on account of which defence was struck off by the trial court vide order dated 22.08.2012. Petitioner moved an application for recall of the said order on the allegation that entire rent as demanded was handed over to the earlier counsel representing in the proceedings but he did not deposit the same and as such amount may be accepted and delay in depositing the same may be condoned and the order dated 22.08.2012 be recalled. Judge, Small Causes Court has again rejected the application on the ground that the fact that she had given rent to be deposited to the earlier counsel was not disclosed earlier and despite failure on her part of denial in the written statement that the rent was not Rs. 1500/- per month and without any basis treating the rent to be Rs. 150/- was deposited by her in Misc. Case no. 38 of 2012.
(3.) In the facts and circumstances, there existed no good ground to recall the order dated 22.08.2012 by which defence was struck off for non depositing the rent on the first date of hearing and the application has rightly been rejected by the trial court.;