BAL GOPAL MAHESHWARI Vs. SANJEEV KUMAR GUPTA

JUDGEMENT

(1.) Leave granted. This appeal is preferred by the appellants against the judgment and order dated 17th September, 2007 passed by the learned Single Judge, High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 44387 of 2007. By the impugned judgment, the High Court exercised its revisional jurisdiction under Article 227 of the Constitution of India and set aside the orders dated 31st May, 2007 and 9th January, 2006 passed by the District Judge, J.P. Nagar in S.C.C Revision No.1 of 2006 and Civil Judge, (S.D.), J.P. Nagar in Suit No. 17 of 1998 respectively. Thus, defence of the respondent which was struck off by the Courts below was restored by the High Court.

(2.) The appellants filed Suit No. 17 of 1998 on 21st September, 1998 before Civil Judge (S.D.) for eviction of the respondent-defendant-tenant from the suit premises, the shop located at Mohalla Raju Sarai Kanth Road, Amroha Distt., J.P. Nagar on the ground of arrears of rent and default.

(3.) Inspite of receipt of notice, the respondent did not choose to file written statement within the specified period. After long delay, the respondent filed his written objection on 3rd April, 1999 against which the appellant-plaintiffs filed an application for striking off the defence on the ground that the respondent failed to deposit the rent, the damages due and the cost of the suit inspite of order dated 16th December, 1998, the first date of hearing and also failed to deposit water tax and house tax and thereby not complied with the provisions under Order XV Rule 5 of the Code of Civil Procedure ('CPC' for short).