Civil Procedure Code, 1908, Order 29, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 15 -- Suit by company - Plaint was signed and verified by authorized representative of Company - Board's resolution was there on record - Compliance as mandated U.O.6.R.15 r/w O.29.R.1 CPC is clearly made out...........
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...........
Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Affidavit in support of pleadings - Provision to file affidavit in support of pleadings is mandatory - However, non filing of affidavit in support of pleadings may not be fatal in every case...........
Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Affidavit in support of pleadings - Affidavit so filed is not part of pleadings but is an independent document to be filed in support of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 1, 15(4) -- Affidavit in support of pleadings - Duly verified written statement without accompanying an affidavit, as required U.O.6.R.15(4) does not mean that it is incomplete...........
Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Replication - Affidavit in support of replication is required to be filed...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Tenants contended that rate of rent was Rs.125 p.m and they deposited Rs.10,000 in favour of landlord - Mandate of O.15.R.5 CPC thus, not applicable - Application rightly dismissed...........
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..........
