Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Defence struck off - Written statement not filed as counsel for defendant met with an accident - Defendant granted one opportunity to file written statement subject to payment of cost of Rs.5,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Striking off defence - Defence of defendants struck off on the ground that they have sought and got repeated adjournments to file their written statement - However, record reveals otherwise that no repeated adjournments were sought and got by defendants - Matter was..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in payment of rent - Eviction petition - Tenant not complied the statutory requirement of deposit of admitted amount due along with interest as provided U.O.15.R.5 CPC on the ground that she is not in use and occupation of premises - Issue as to whether tenant is in use and occupation of property..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Striking off defence - Defence of defendant was struck off after 97 days - O.8.R.1 CPC provides 30 days for filing written statement and 90 days grace period showing sufficient cause for delay, which is collectively 120 days - However, trial Court without giving a fair..........
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...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within 120 days - Defence struck off - Strict and too technical view not to be taken especially when respondent is wife and delay is neither willful nor intentional but has been attributed to the slackness of her counsel in defending the case - Defendant allowed to file her written statement..........
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..........
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..........
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...........
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..........
