Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: Ord. XV r.5(as applicable in the State of U.P.) – Striking off defence for failure to deposit the admitted rent Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Ord. XV r. 5 (as applicable in the State of U.P.) – Striking off defence for failure to deposit the admitted rent – Eviction suit by appellant-lessor against the respondent-lessee on grounds of arrear of rents and damages – Failure of respondent to pay or deposit the due rent – Application u/Ord. XV r. 5 for striking off the defence – Allowed by the trial court holding that there was no evidence of payment of rent to the appellant and even if the tenant-landlord relationship is denied, then also application u/Ord. XV r. 5 was maintainable – Approved by the revisional court, however, set aside by the High Court holding that respondent was entitled to ‘some indulgence’ – On appeal, held: As per the provision, the defendant is under an obligation to deposit the entire amount admitted by him to be due along with the interest on or before the first hearing and to regularly deposit the monthly amount due within a week of its accrual throughout the pendency of the suit – Consequence of default in making either of these deposit is that the court may strike of his defence – However, court should consider the representation of the defendant if made within 10 days of the first hearing – Such provision has to be been construed liberally; and the expression ‘may’ in regard to the power of the Court to strike out defence has been construed as directory and not mandatory – Power to strike off defence is considered to be discretionary, which is to be exercised with circumspection but, relaxation is reserved for a bonafide tenant – On facts, the respondent has not denied his status as being the lessee and it has clearly been the case of volitional non-performance with nothing left to guess about the defendant’s mood of defiance – No facts or any circumstance is existing on record to find even a remote reason for extending any latitude or relaxation in operation of Ord. XV r. 5 – Conclusion of the High Court could only be said to be an assumptive one, being not supported by any reason – Furthermore, the deposits made belatedly, pursuant to the unsustainable order of the High Court, would not enure benefit to the respondent – Thus, the order of the High Court is set aside. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2022 INSC 684 |
Petitioner | Asha Rani Gupta |
Respondent | Sri Vineet Kumar |
SCR | [2022] 15 S.C.R. 402 |
Judgement Date | 2022-07-11 |
Case Number | 4682 |
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