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 5, Rule 15 -- Service of summons - Effecting service through an adult member of family is an accepted mode of service provided party resides at that address and there is no likelihood of his being found within a reasonable time...........
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 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Court can conduct enquiry regarding unsoundness of mind of any party to suit before or during pendency of suit as per O.32.R.15 CPC - Plea that inquiry should have been conducted before proceeding with suit as a whole, rejected...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - In absence of preliminary inquiry regarding unsoundness of mind of a party to a suit, proceedings would not get vitiated and it would not be violation of mandatory provision of O.32.R.15 CPC...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Application for examination of plaintiff by medical board - Defendants never prayed for medical examination of plaintiff by medical board in their objection to application for appointment of next friend of plaintiff - Application filed at the appellate stage - It cannot be said that..........
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...........
