Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Application to strike out defence - Notwithstanding an order passed earlier to proceed ex parte, while deciding an application for striking out defence, it was duty of Court to give an opportunity of being heard to the defendants - However, that was not done - Order striking out defendants'..........
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..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Default in payment - Defence of erring husband can be struck off as a last resort - Family Court has failed to provide husband an opportunity to pay entire arrears of interim maintenance before resorting to extreme step of striking off his defence - One last opportunity is thus, granted to husband to pay..........
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...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Non-deposit of rent - On failure to deposit rent during pendency of suit on a monthly basis, there could be no escape from consequences or rigour of O.15.R.5(1) CPC...........
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 - Tenant had offered to pay the rent to landlord - However, landlord himself refused to accept the same - Provision of O.15.R.5 CPC in such situation cannot be attracted - Application to deposit rent in Court, rightly dismissed...........
