Anil Kumar, J. - (1.) Heard Shri N. N. Jaiswal, learned counsel for the petitioners, Shri Q.M. Haque, learned counsel for the opposite party and perused the record.
(2.) In the city of Gonda, there is a house situated at Mohalla-Terhi Bazar, Gonda City, District-Gonda. In the said house, there is a shop, which was let out by the father of opposite party no.2/Smt. Vimla Devi @ Rs.6/- per month in favour of father of the petitioner. After the death of original tenant/Shri Ram Chander, his sons/petitioner have become tenants of the shop in question.
(3.) On 30.03.1998, opposite party no.2/landlady filed a suit bearing S.C.C. Suit No.04/98 against the petitioners for arrears of rent & eviction from the premises in question in the Court of Civil Judge (Junior Division), Gonda. In the said suit, opposite party no.2 moved an application (Ga- 2/37) under Order 15, Rule 5 C.P.C. to the effect that since the petitioners could not deposit the arrears of rent for the entire period shown in the plaint along with interest @ 9% p m on the first date of hearing and they also did not make the deposit of the rent of the preceding month on every 7th date of next month during the pendency of the said suit. Hence, defence of the petitioner may be struck off under Order 5, Rule 15 C.P.C. Against the said application, petitioner filed an objection (Ga-2/45).;