2025:UHC:9615 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3030 of 2025 31 October, 2025 Sushil Kumar Agrawal --Petitioner Versus Dinesh Chandra Gupta --Respondent ---------------------------------------------------------------------- Presence:- Mr. Vijay Bhatt, learned counsel for the petitioner- tenant. Hon’ble Pankaj Purohit, J. (Oral) By means of the present writ petition filed under Article 227 of the Constitution of India, petitioner- tenant has challenged the order dated 16.09.2025 passed by the learned Judge Small Causes Court/Additional District Judge, Kotdwar, Pauri Garhwal, in S.C.C. Suit No.03 of 2024 Dinesh Chandra Gupta Vs. Sushil Kumar Agrawal (Annexure No.7 to the writ petition), whereby, the learned Trial Court has struck-off the defence of the petitioner-tenant for not complying the provisions of Order 15 Rule 5 CPC. 2. It is the case of the petitioner/tenant that the agreed rent between the parties was Rs.500/- per month and the same has been deposited along with the arrears before the learned Trial Court and according to him, it is the proper compliance of provisions of Order 15 Rule 5 CPC. 3. From perusal of the impugned order dated 16.09.2025, it transpires that the respondent-landlord has mentioned in the plaint that the property was demised on rent to the petitioner-tenant @Rs.800/- per month, and therefore, the proper compliance has not 1 2025:UHC:9615 been made by the petitioner-tenant, as he has not deposited the rent @Rs.800/- per month. Apart from the above, the petitioner-tenant has not deposited the interest @9%. 4. In such view of the matter, this Court thinks that there is no illegality in the impugned order dated 16.09.2025 passed by learned Trial Court and thus, no interference is required exercising its supervisory jurisdiction under Article 227 of the Constitution of India. The impugned order dated 16.09.2025 passed by the learned Judge Small Causes Court/Additional District Judge, Kotdwar, Pauri Garhwal, in S.C.C. Suit No.03 of 2024 Dinesh Chandra Gupta Vs. Sushil Kumar Agrawal, is hereby affirmed. However, the petitioner-tenant may deposit the entire rent @Rs.800/- per month, arrears of rent along with interest @9% with litigation expenses in the learned Trial Court within a period of two months from today. If the petitioner-tenant deposits the aforesaid rent, rent arrears and interest with litigation expenses within the prescribed time, he shall participate in the proceedings in accordance with law. 5. In view of the above, the present writ petition is disposed of. 6. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.) 31.10.2025 PN 2