Umesh Kumar Sinha vs Dr. Syed Ahsan Ahmad

U.N. Sinha, C.J.—This application has been filed by the defendant and it is directed against an order passed by the learned Munsif, dated the 5th April, 1971. This order has been passed on an application filed by the plaintiff-opposite party u/s 11-A of Bihar Act 3 of 1947. The impugned order was passed ex parte, as the defendant had failed to appear, when the application u/s 11-A filed by the plaintiff was heard.

Learned counsel for the petitioner has urged that, the defendant was not in arrears of rent upto January, 1970, as was his case in his written statement, and the trial Court wrongly directed him to go on paying arrears of rent from May, 1968. It is urged, that, even though the defendant was not heard in this matter, the learned Munsif should have looked into all the materials on the record to hold that he was not in arrears of payment, as was the plaintiff''s allegation. I do not think, that, any case has been made out for interference in this Court''s civil revisional jurisdiction. In| the absence of the defendant the learned Munsif had heard the plaintiff''s case on the matter and, on the materials on record placed before him he passed certain directions against the defendant. My attention has been drawn to the fact, that, the directions given in the impugned order were not followed by the defendant, with the result, that, his defence has already been struck off by an order dated the 25th June. 1971. In such circumstances. I do not think, that, any interference is called for and the civil revisional application is dismissed. There will be no order for costs.