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..........
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 15, Rule 5 -- Striking off defence - Non-deposit of rent - Any deposit made prior to first appearance in SCC suit may be adjusted for arrears of rent due upon filing an application, but after institution of suit, it is mandatory requirement to deposit rent before Court, where suit is instituted...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Delay in depositing rent - Condonation of delay - Court has no power to condone delay in depositing rent U.O.15.R.5 CPC beyond ten days in the case of deposit of accrued rent due on first date of hearing or beyond one week in case of rent that accrues from month to month...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Delay in depositing rent U.O.15.R.5 CPC - Adjustment of amount deposited u/s 30(2) of U.P Act - Deposit made u/s 30(2) of U.P Act by tenant had not been held to be validly made in Misc. case - Finding now operates as res judicata - Part of prayer in application now made which asks for adjustment of amount deposited u/s 30(2)..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Provision of O.15.R.5 CPC can be invoked when suit is instituted for recovery of possession by eviction of lessee and for recovery of amount of rent or compensation for use and occupation of the premises...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Possession of leased premises handed over to plaintiff in view of subsequent development - Default if any stands purged, as possession has been already handed over - Suit is now only for recovery of amount of lease money - O.15.R.5 CPC is not longer applicable - Order of striking of defence set aside...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- First hearing of a suit - Meaning - First hearing of a suit would be day on which Court applies its mind to case which ordinarily would be at the time when either issues are determined or evidence taken...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Mere fact that representation as provided U.O.15.R.2 CPC not made, it cannot be said that Court has to strike off defence in every case of default - Even in absence of representation it is for Court to decide as to whether on basis of material available on record and in facts and circumstances of case,..........
