S.D.Agarwala - (1.) THIS is a petition under Article 226 of the Constitution of India arising out of a suit no. 453 of 1981 filed in the Court of the Judge Small Causes Court, Jaunpur.
(2.) THE petitioners are the tenants. Respondent Waqf Askaria is the landlord. THE mutwalli is Syed Nazim Hussain. An application was moved on behalf of the landlord that the defence of the tenants be struck off as they have not deposited the amount as required by Order XV, Rule 5 of the Code of Civil Procedure (hereinafter referred to as the CPC). The trial court dismissed the application holding that the deposit has been made as required by Order XV, Rule 5 of the CPC.
(3.) AGGRIEVED, a revision was filed against the order of the trial court. The revision was allowed by the order dated 20th August, 1987 and the defence of the petitioners were struck off. It is against this order that the present petition has been filed.;