- (1.) SUDHIR Narain, J. This writ peti tion is directed against the order dated 9-12-1980 striking off the defence and the order dated 8-9-1982 passed in revision by the Court below.
(2.) I have heard Sri S. C. Mandhyan, learned Counsel for the petitioners, and Sri M. A. Qadeer, learned Counsel for the respondent. It is not necessary to go in detail regarding various dates fixed by the Courts below in regard to the suit. The defendant-petitioners admittedly did not deposit monthly rent as contemplated under Order XV, Rule 5, C. P. C. and also on the date of first hearing. In Siraj Ahmad Siddiqui v. Prem Nath Kapoor, 1993 (2) ARC 451, the Supreme Court held that the date of hear ing will be taken as the date on which the Court applies its mind to the controversy involved in the case.
(3.) HAVING heard learned Counsel for the petitioners and considering the facts and circumstances of the case I find that the trial Court has not considered as to whether the discretion is to be exercised not to strike off the defence. The amount is alleged to have been deposited. The writ petition is allowed. The orders dated 9-12-1980 and 8-9-1982 are hereby quashed.;