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Results of defence struck off

Showing : 1-10 of 84 Results

KERALA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Defence struck out - Even in such a case Court has to proceed with the trial and not to dismissed suit as if plaintiff's claim in the suit is unchallenged...........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 151, Order 15, Rule 5 -- Striking of defence - Recall of order - Defendant/tenant completely negligent in complying with provision of O.15.R.5 CPC, as he failed to pay monthly rent regularly - Even, defendant was negligent in depositing the amount and interest even after filing of application U.O.15.R.5 CPC and deposited the same after..........

TELANGANA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 15A -- Non-payment of arrears of rent - Striking off defence - Defendant contended that plaintiff did not receive the amounts - However, if it was really true, nothing prevented defendant for making deposit of amount of Rs.2,88,000 in Court itself and then informing counsel for plaintiff of the same - No evidence on record of payments of..........

ALLAHABAD HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Eviction proceedings - Benefit of monthly rent deposited u/s 30(1) of the U.P Act after receipt of summons/filing written statement could not be extended to defendant tenant while reckoning compliance of O.15.R.5 CPC - There is no escape from mischief of O.15.R.5 CPC - Defence rightly struck off...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Hindu Marriage Act, 1955, Section 11, 12, 24 -- Annulment of marriage - Striking off defence of husband - Non-payment of maintenance pendente lite - Defence of husband stands struck off because of no, payment of maintenance pendente lite and litigation expenses - There is thus, no evidence led by husband for purpose of seeking annulment of marriage - Judgment and decree..........

ALLAHABAD HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in deposit of rent - Tenant paid the rent even though a little late - Defence should normally not be struck off at a very belated stage when evidence was led after exchange of pleadings - Order striking of defence of tenant set aside...........

KERALA HIGH COURT

Year of decision: 2018
Details

Matrimonial dispute -- Suit for realisation of value of gold ornaments and cash allegedly entrusted to husband and his family members by wife at the time of marriage - It cannot be treated as a litigation which has no connection at all with the matrimonial tie between the parties - In such suit defence of husband can be struck off when he makes wilful default in complying..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151 -- Striking off defence - Non payment of maintenance granted u/s 125 Cr.P.C. - Defence of such person in any proceedings instituted against him by wife in connection with or in relation to matrimonial issues between them, can be struck off by Court by invoking power u/s 151 of the Code...........

DELHI HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Non filing of written statement - Defence struck off - Application u/s 151 for taking written statement on record - Plea that wife was ailing - However wife was not on leave from her employment throughout the same period - It shows the casual manner in which proceedings are pursued - Order dismissing application..........

KERALA HIGH COURT

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151 -- Striking off defence - Non-payment of maintenance amount - If husband has willfully failed to make payment of maintenance and litigation expenses to wife, his defence can be struck off in exercise of powers u/s 151 CPC...........

Showing : 1-10 of 84 Results