- (1.)The defendants have filed this petition for quashing the order dated 20th September, 2000 passed by the Judge, Court of Small Causes by which the defence has been struck off under Order XV Rule 5 of the Code of Civil Procedure (hereinafter referred to as the 'C.P.C.') for the reason that the defendants did not deposit the entire amount due on the first date of hearing of the suit i.e., on 8th May, 1980. The petitioners have also sought the quashing of the judgment and order dated 28th January, 2003 by which the Revision filed by the petitioners for setting aside the aforesaid order was dismissed. The Courts below have recorded a categorical finding of fact that on 8th May, 1980 which was the first day of hearing of the suit, the defendants did not deposit the amount due. The defence has, accordingly, been struck off under Order XV, Rule 5, C.P.C.
(2.)It is submitted by learned Counsel for the petitioners that there was delay in deposit of the amount for the reason that the defendant was ill and that some amount was also deposited under section 30 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the 'Act').
(3.)This submission of the learned Counsel for the petitioners cannot be accepted.