Neutral Citation No. - 2025:AHC:49213 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3264 of 2025 Petitioner :- Naveen Kumar Gupta Respondent :- Mahamai Shiksha Samiti, (Regd) Counsel for Petitioner :- Ashish Tyagi,Rahul Kumar Tyagi Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner. 2. Present petition has been filed challenging the order dated 30.8.2024 passed by Small Causes, Judge, Meerut in Small Causes Case No. 03 of 2017 as well as impugned judgment and formal order dated 12.2.2025 passed by Additional District Judge, Court No.5, Meerut in Small Causes Case Revision No. 102 of 2024. 3. Learned counsel for the petitioner submitted that earlier respondent has filed application on 29.4.2009 under Order 15 Rule 5 of CPC upon which petitioner has submitted reply on 1.7.2009, but learned Judge, Small Causes Court, Meerut vide order dated 30.8.2024 considering the development subsequent to 29.04.2009 allowed the application by strucking off the defence of petitioner. He firmly submitted that in case Court is of the view that provisions of Order 15 Rule 5 is not followed beyond 29.4.2009, Court must have been given liberty to file representation in terms under Order 15 Rule 15 of CPC, which is not given to petitioner, therefore, impugned order is bad and liable to be set aside. 4. Under such facts and circumstances of the case, the petition is disposed of with liberty to petitioner to file representation as provided under Order 15 Rule 5(2) of CPC within two weeks, if already not filed. In case any such representation is filed before the learned Judge, Small Causes Court, Meerut, same shall consider and decide the same within a period of four weeks from the date of production of certified copy of this order. 5. Earlier impugned order shall abide by the fresh order passed by Judge, Small Causes Court, Meerut. 6. However, respondent is at liberty to file a recall application if this order is obtained by the petitioner by concealing material fact. Order Date :- 7.4.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad