Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defence of tenant can be struck off in the event of default in paying monthly amount of rent within a week from date of its accrual...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant did not deposit monthly rent due within a week of its accrual in accordance with his liability under second part of O.15.R.5(1) CPC - Instead, tenant made applications for adjustment of rent due against expenses towards painting and repairs etc., which are not relevant..........
Civil Procedure Code, 1908, Order 11, Rule 11, 21 -- Interrogatories - Defence can be struck off if interrogatories are not answered and not when answer to interrogatories may not be to the liking of the person delivering the interrogatories or allegedly incorrect...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Rate of rent between parties is Rs.2 lakhs per month which is not specifically denied by tenant - Nothing on record to prima facie substantiate the submission made by tenant that he paid the rent regularly - Even if Rs.15 lakhs paid by tenant to landlord as security as alleged by..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Deposit of rent belatedly pursuant only to unsustainable order of High Court, do not enure to benefit of defendant and cannot wipe out default already committed by defendant - Defence of tenant rightly struck off by trial Court...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Defendant by his assertion and conduct has left nothing to doubt that he has been steadfast in not making payment of rent/damages despite being lessee of suit shop - Nothing of any fact or any circumstance existing on record to find even a remote reason for extending any latitude..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Maintenance pendente lite - Non payment - Defence can be struck off if default is found to be deliberate and wilful - However, such an order ought to be passed only as a last resort...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence of husband struck off and it became final as husband never challenged said order - Maintenance granted to wife in view of income of husband is reasonable and suffers from no illegality - Maintenance rightly granted to wife...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant admitted that she has paid rent from time to time and she is tenant - She also admitted that she has never paid rent before Court concerned after first hearing of suit as required U.O.15.R.5 CPC - Defence of tenant rightly struck off...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
