S.U. Khan, J. - (1.) This is tenant's writ petition directed orders striking off his defence. Landlord-respondent filed S.C.C. Suit No. 250 of 1985 against the tenant-petitioner for ejectment on the ground of default and for recovery of arrears of rent. The suit was decreed ex-parte by J.S.C.C., Allahabad on 1.2.1987. On the restoration application of tenant-petitioner ex-parte decree was set aside and suit was restored on 6.8.1988. Thereafter on 30.9.1988 landlord-respondent No. 3 filed application for striking off the defence of tenant-petitioner. J.S.C.C., Allahabad by order dated 6.3.1990 struck off the defence of the tenant-petitioner. Revision filed against the said order being S.C.C. revision No. 122 of 1990 was dismissed by District Judge, Allahabad 27.3.1991.
(2.) This writ petition is directed against the aforesaid judgment and order, dated 27.3.1991 and order of J.S.C.C. dated 6.3.1990 striking off the defence of tenant-petitioner.
(3.) After restoration of suit on 6.8.1988, 30.9.1988 was the next date fixed. According to the tenant-petitioner the said date was the date of first hearing and he deposited the entire requisite amount on 29.9.1988 i.e. one day before the said date hence his defence was not liable to be struck off. Thereafter also deposits were made by the tenant-petitioner. The trial Court held that prior to passing of ex-parte decree on 21.2.1987 tenant had appeared on 12.5.1986 and filed an application numbered as Application No. 10-c (request for supply of copy of plaint) which was allowed. Hence the said date 12.5.1986 moved be the date of first hearing. The trial Court held that the copy of plaint was served upon the defendant on 14.8.1986. The trial Court also held that since January, 1989 till the date of order i.e. 6.3.1990 no rent had been deposited.;