Surya Prakash Kesarwani, J. - (1.) Heard Sri Sanjay Agarwal, holding brief of Sri Sushant Misra, learned counsel for the defendants-tenants/petitioners and Sri Babban Prasad Dwivedi, learned counsel for the plaintiffs-landlords/respondents.
(2.) This petition under Article 227 of the Constitution of India has been filed praying for the following relief: "To set aside the order dated 1.2.2018 & 23.2.2018 passed by the learned Additional District Judge/Special Judge (Dacoity affected Area) in Provincial Small Causes Suit No.4/2016 (Harishchandra & another Vs. Mukesh Verma & another)" Questions Involved:
(3.) Two questions involved in this petition as pressed by learned counsel for the defendant-tenant/petitioner, are as under:- (a) Whether compliance of the provisions of Order XV Rule 5 C.P.C. by the defendant are mandatory for protection against striking of defence? (b) Whether, under the facts and circumstances of the case the defence of the defendant-tenant/petitioners has been lawfully struck off by the impugned order? Facts:;