Dilip Gupta, J. - (1.) - The petitioner who is a defendant in SCC Suit No. 4 of 1996 has filed this petition for setting aside the order dated 12th September, 2007 passed by the Judge, Small Cause Courts, by which the application filed by the plaintiff-landlord under Order 15, Rule 5 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') was allowed and the defence was struck off. The petitioner has also sought the quashing of the judgment and order dated 14th March, 2008 by which the representation filed by him under Section 25 of the Provincial Small Cause Courts Act, 1887 for setting aside the aforesaid order was dismissed.
(2.) The records of the writ petition indicate that the aforesaid SCC Suit No. 4 of 1996 had been instituted on 23rd September, 1996 for ejectment and recovery of arrears of rent. The petitioner-defendant filed the written statement on 17th October, 1996 and 6th November, 1996 was fixed for evidence. The defendant did not comply with the requirements stipulated under Order 15, Rule 5 CPC and it was only on 2nd September, 2000 that an application (56-Ga) was filed by the defendant seeking permission to deposit the arrears of rent from 1st August, 1996 to 31st December, 1996. This application was, however, not pursued by the defendant. The plaintiff filed an application on 20th July, 2001 (63-Ga) that the defence of the defendant be struck off as the provisions of Order 15, Rule 5 CPC had not been complied with. The defendant filed objections to the application dated 20th July, 2001 filed by the plaintiff-landlord and he also filed a representation under Order 15, Rule 5 (2) CPC. The defendant then moved an application on 10th January, 2007 (75-Ga) seeking permission of the Court to deposit the rent. The application filed by the plaintiff-landlord was allowed and the Revision filed by the defendant-tenant to set aside the said order was dismissed.
(3.) I have heard learned Counsel for the petitioner and have examined the materials available on record.;