CLR/6/2020
2021 Latest Caselaw 1048 UK

               Office Notes, reports,
SL.           orders or proceedings or
      Date                                              COURT'S OR JUDGES'S ORDERS
No           directions and Registrar's
               order with Signatures


                                          CLR No. 6 of 2020
                                          Hon'ble Sharad Kumar Sharma, J.

Mr. Piyush Garg, Advocate, for the revisionists.

Mr. B.D. Upadhyaya, Senior Advocate, assisted by Mr. Naveen Chandra Tewari, Advocate, for the respondents.

This is an admitted civil Revision under Section 25 of the Provincial Small Cause Courts Act, preferred by the tenants (revisionists herein) against the impugned judgment dated 28.11.2019, which was rendered in SCC Suit No. 01 of 2015, Smt. Devendra Kaur and Another Vs. Inamur Rehman and another.

When the revision was preferred, there was an interim order dated 09.01.2020, whereby the effect and operation of the impugned judgement dated 28.11.2019 was stayed.

I am of the view that since the nature of the judgment, which is under challenge in the present revision under Section 25 of the Provincial Small Cause Courts Act, takes the shape of a money decree, the provisions of Order 41 Rule 5 would be applicable.

As such, the interim order dated 09.01.2020, is modified to the extent that the interim protection granted, would continue to operate subject to the condition that the revisionist(s) deposits the entire decreetal amount within a period of three weeks from today and continue to remit the rent @ Rs. 2350/- by depositing the same before the concerned Judge, Small Cause Courts, by 10th of each month.

(Sharad Kumar Sharma, J.) 22.03.2021 Mahinder/