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Judgment
6 paragraphs · 346 wordsS.U. Khan, J.
Heard learned Counsel for the parties.
Petitioners are plaintifflandlords in S.C.C. Suit No. 12 of 2002, pending before J.S.C.C./Civil Judge, (S.D.), Muzaffarnagar. In the suit petitioners filed several applications for striking off the defence of the tenantdefendant. Trial Court through its order dated 20.9.2006 refused to strike off the defence. In the application landlords had stated that rent for the months of January to April, 2005 was deposited late. Tenant had applied for condonation of delay in making the deposit. Tenant''s application for condonation of delay was allowed on payment of Rs. 600/. Rent for January to April, 2005 had already been deposited on 11/13 of May, 2005. Through order dated 20.9.2006 Trial Court condoned the delay expostfacto in making the deposit and rejected the application of the landlords to strike off the defence of the tenant. Against the said order S.C.C. Revision No. 11 of 2006 was filed which was dismissed on 17.10.2006 by incharge District Judge, Muzaffarnagar, hence this writ petition.
After hearing learned Counsel for both the parties at great length I am of the opinion that even though delay in making the deposit was rightly condoned and application of the landlords for striking off the defence was rightly rejected, however, costs of Rs. 600/ awarded by the Trial Court was slightly on the lower side.
Accordingly, writ petition is allowed in part, impugned orders are modified and it is directed that delay in making deposit of rent for January to April, 2005 shall stand condoned on payment of Rs. 1000/ as costs. Remaining cost of Rs. 400/ must be deposited by the next date positively. Both the parties are directed to appear before the Trial Court on 8.9.2008. Trial Court shall decide the suit very expeditiously.
Absolutely, no unnecessary adjournment shall be granted to any of the parties. If the Trial Court is inclined to grant any adjournment in any form to any of the parties, then it must be on very heavy costs, which shall not be less than Rs. 500/ per adjournment.