Yogesh Kumar vs District Judge Dehradun and Others

B.S. Verma, J.—Learned Counsel for the Petitioner files amended memo of parties. The same is taken on record.

Heard learned Counsel for the parties and perused the record.

By means of this writ petition, the Petitioner has sought a writ in the nature of certiorari quashing the order dated 23-3-2002, whereby the application under Order 15, Rule 5 CPC for striking off the defence of the Respondent No. 2-Defendant was rejected by the Judge, S.C.C. Dehradun in S.C.C. Suit No. 2 of 2000.

Learned Senior Advocate Mr. Sharad Sharma, appearing for the Petitioner has vehemently contended that the rent was not deposited by the Defendant within time, therefore, the application was moved for striking off the defence of the Defendant.

Learned J.S.C.C. has rejected the application of the Plaintiff-Petitioner on the ground that the Defendant had already deposited the annual rent on 22-8-1999 much before the filing of suit as also the first date of hearing. It was also held that the Defendant has already deposited rent for the year 2001 and 2002 by tender in the court.

From a perusal of the impugned order, it is obvious that the Defendant-Respondent No. 2 was not found to be a defaulter in payment of rent by the learned J.S.C.C. and no case for striking off the defence of the Defendant was made out.

Having heard the submission of the learned Counsel for the Petitioner and having gone through the material placed before this Court, I am of the view that the impugned order passed by the learned J.S.C.C. does not suffer from any perversity or manifest error of law. The writ petition being devoid of merit is liable to be dismissed outright.

The writ petition is dismissed. Costs easy. Since the S.C.C. Suit is pending since the year 2000, the learned J.S.C.C. is directed to decide the suit on merits, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order.

Interim order dated 15-5-2002 is vacated.