Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Matter was adjourned from time to time in view of COVID-19 epidemic - Delay was not that large so as to disentitle defendants from filing their written statement - U.O.8.R.1 CPC, although maximum period for filing written statement is prescribed as..........
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...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Defence struck off for non-payment of maintenance - Husband paid full outstanding maintenance amount to wife - Direction therefore, given to Family Court, in case husband has paid all outstanding amount of maintenance allowance, direction of striking out defence of husband shall not be given effect to and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 11 -- Striking off defence - Violation of ad interim injunction order - Defendant had specific knowledge of interim order of injunction as passed by trial Court, inspite of which sale deeds came to be executed by him - Action of defendant amounting to willful and intentional defiance of order - Defendant even..........
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,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Striking off defence invoking jurisdiction U.O.6.R.16 CPC or u/s 151 CPC - Such power is available to Court exercising civil jurisdiction and it is alien to Criminal Courts...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defendant denied lessor-lessee relationship between parties and pleaded that he was licensee of opposite party - However, no plea of licence is raised by defendant either in written statement or in objection file U.O.15.R.5 CPC - In absence of plea of licence, submission being advanced by defendant,..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Amount claimed by defendant towards arrears of salary due on account of employment with employer/plaintiff - Cannot be adjusted towards lease rent, as same are independent of liability to pay lease rent - Said claim cannot be mixed or read as counter claim for purposes of O.15.R.5 CPC...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defendant has full notice of suit and application U.O.15.R.5 CPC - But he chose to adopt a course to file objection and not to make good the default - Since defendant is found to have committed default, he stands exposed to consequences of O.15.R.5 CPC - Defence of defendant rightly struck off...........
