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Judgment
10 paragraphs · 203 wordsSudhanshu Dhulia, J.
This is a revision against the order dated 24.3.2018 passed by the 2nd Additional District Judge, Dehradun in SCC Suit No. 3 of 2012. By the
impugned order, the Court below has rejected the application moved by the revisionist/plaintiff under Order XV Rule 5 CPC for striking off defence
on failure to deposit the admitted rent.
Case of the revisionist/plaintiff is that even the admitted rent as fixed by this Court in the earlier round of litigation (reference has been given to the
Civil Revision No. 31/2017 decided by a coordinate Bench of this Court on 21.12.2017) is not being paid by the respondent/defendant. This may
involve appreciation of disputed questions of fact, but considering that it is a small causes case, this revision is disposed of with direction that hearing in
the SCC Suit as far as possible shall be conducted on day-to-day basis and the proceedings shall be concluded expeditiously, preferably within three
months from the date a certified copy of this order is produced before the Court below.
It is made clear that the findings given by the Court below while disposing of the suit for rent, arrears and eviction shall be independent findings.