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Madhya Pradesh High Court · body

1978 DIGILAW 622 (MP)

Dattatraya v. Deepchand

1978-08-24

B.R.DUBE

body1978
Short Note : 1. The applicants have filed the suit for eviction, arrears of rent and mesne profits. On 27-7-1976, the petitioners moved an application that the non-applicant did not deposit the full arrears of rent due within 30 days of the service of the writ of summons on him, but without prior notice to the applicants he gave an application to the Court for extension of time to deposit the rent and the Court without hearing the applicants extended the time with the result that the non-applicant deposited a sum of Rs. 1350 on 27-3-1976. It was further alleged that the amount of arrears recoverable from the non-applicant was Rs. 2815 and hence the non-applicant having committed the default in making the payment of arrears of rent under section 13 (1) of the M. P. Accommodation Control Act, his defence may be struck out. The trial Court has rejected the application on the ground that extension of time to deposit the arrears of rent was given reasonable grounds and that it was in the discretion of the Court to strike out the defence. The applicants have therefore, come to this Court in revision. 2. Held : I have heard the learned counsel from both the sides. The language of section 13 (6) of the M. P. Accommodation Control Act is quite clear to indicate that the provision with respect to the striking out of the defence is directory. The learned counsel for the applicant could not satisfy me that discretion exercised by the trial Court in refusing to strike out the defence was the arbitrary. Under these circumstances there is no ground to make any interference by this Court in revision in the impugned order, Revision dismissed.