Civil Procedure Code, 1908, Order 15, Rule 5 -- Expression `first date of hearing' has to be understood as date when Court proposes to apply its mind to controversy involved in the suit and not any earlier date fixed for procedural purposes...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Power to strike off defence U.O.15.R.5 CPC though couched in mandatory terms, is not to be exercised mechanically - Court must consider whether there has been substantial compliance and whether default is wilful or contumacious...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of defendant struck off by trial Court primarily on the ground of non-deposit of rent within stipulated time - However, certain foundational aspects such as determination of first date of hearing and issue of proper service and opportunity were neither conclusively determined nor adequately..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Application should be moved on the first hearing - Since tenant was obligated to pay rent through pendency of proceedings as such an application U.O.15.R.5 CPC would be maintainable even at a belated stage...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of license fee - Defendant was in arrears of license fee and electricity charges w.e.f. 01.04.2018 and amount outstanding at the time of filing of application was Rs.4,72,936 - However, application was filed in October 2020 and even thereafter, almost 5 years have gone by and not even a..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Court ought to have assessed the rent in rent proceedings and same not contemplated as per provisions of O.15.R.5 CPC...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Default in payment of rent - Once lease agreements were admitted by defendant/tenant as was relationship of landlord and tenant, defendant could have deposited rent - However, despite being given sufficient opportunities to defendant, he categorically refused to pay the amount - Defence rightly struck..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Merely saying that provisions of Rent Act are applicable and Civil suit could not be filed, is not a ground to give benefit to defendant - Defence rightly struck off...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Neither any representation U.O.15.R.5(2) CPC was filed within stipulated time nor any material placed on record by defendants to make out a case for not striking off defence - No material on record that rent amount was paid to plaintiffs by defendants - There is only oral averment..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of lease money - Defendants cannot escape/evade their liability to pay arrears of lease money on the ground that plaintiff had failed to comply with terms and conditions enumerated in lease deed - Defence of defendant rightly struck off...........
