Hon'Ble Alok Kumar Verma vs Rafeek
2021 Latest Caselaw 4958 UK

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      07.12.2021                        CLR No.97 of 2021
                                        Hon'ble Alok Kumar Verma, J.

This civil revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887 against the order dated 25.10.2021, passed by the learned Additional District Judge, Kotdwar, District Pauri Garhwal in SCC Suit No.6 of 2019, "Mujiburrehman vs. Rafeek Ahmad", whereby, the right to defence of the revisionist/defendant has been struck off by allowing the application of the respondent/plaintiff, under the provisions of Order 15 Rule 5 of the CPC.

Heard Mr. V.K. Kaparuwan, learned counsel with Mr. Yogesh Pant, learned counsel for the revisionist.

Mr. V.K. Kaparuwan, the learned counsel for the revisionist relied upon a judgment of the Hon'ble Supreme Court, passed in Bimal Chand Jain vs. Sri Gopal Agarwal, (1981) 3 SCC 486. The learned counsel for the revisionist further submitted that the revisionist has already been deposited the entire amount upto August, 2019 and sufficient reasons have been mentioned by him in his objection(s) to the application, filed under Order 15 Rule 5 of the CPC, not to deposit the remaining amount.

The learned counsel for the revisionist further submitted that the revisionist is willing to deposit all the amount due to him.

In the facts and circumstances of the case, this civil revision is admitted.

Issue notice to the respondent. Steps to be taken within a week. Post this case on 07.01.2022. Meanwhile, in case, the revisionist moves an application for adjournment before the learned trial court, the learned trial court shall consider the same till 07.01.2022 only.

(Alok Kumar Verma, J.) 07.12.2021

Neha