Uttarakhand High Court
Har Mohinder Pal Singh ... vs Rajendra Pal Singh on 12 September, 2018
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Revision No. 68 of 2018
Har Mohinder Pal Singh ....Revisionist/Plaintiff
Versus
Rajendra Pal Singh .......Respondent/Defendant
Dr. I.M. Quddusi, Senior Advocate, assisted by Mr. Pooran Singh
Rawat, Advocate for the revisionist/plaintiff.
Mr. Piyush Garg, Advocate, for the respondent/defendant.
Hon'ble Sudhanshu Dhulia, J. (Oral)
This is a revision against the order dated 24.3.2018 passed by the 2nd Additional District Judge, Dehradun in SCC Suit No. 3 of 2012. By the impugned order, the Court below has rejected the application moved by the revisionist/plaintiff under Order XV Rule 5 CPC for striking off defence on failure to deposit the admitted rent.
2. Case of the revisionist/plaintiff is that even the admitted rent as fixed by this Court in the earlier round of litigation (reference has been given to the Civil Revision No. 31/2017 decided by a coordinate Bench of this Court on 21.12.2017) is not being paid by the respondent/defendant. This may involve appreciation of disputed questions of fact, but considering that it is a small causes case, this revision is disposed of with direction that hearing in the SCC Suit as far as possible shall be conducted on day-to-day basis and the proceedings shall be concluded expeditiously, preferably within three months from the date a certified copy of this order is produced before the Court below.
23. It is made clear that the findings given by the Court below while disposing of the suit for rent, arrears and eviction shall be independent findings.
(Sudhanshu Dhulia, J.) 11.9.2018 Prabodh