Pankaj Mithal, J. - (1.) Heard Sri Atul Dayal, learned counsel for the plaintiff-revisionists and Sri M.N. Maurya, learned counsel, holding brief of Sri Ramendra Asthana, who appears for the defendant-respondents.
(2.) In the suit of the plaintiff-revisionists for arrears of rent and eviction, the application filed under Order 15, Rule 5 of CPC has been rejected by the court below by the impugned order dated 16.09.2014.
(3.) The submission of Sri Atul Dayal, learned counsel for the plaintiff-revisionists is that even if the defendant-respondents denied the relationship of landlord and tenant or the title of the plaintiff-revisionists still they are liable to comply with the 2nd part of the Order 15, Rule 5 of the Code of Civil Procedure applicable to the State of U.P. regarding deposit of monthly amount due, failing which their defence is liable to be struck off.;