Non-compliance with the provisions of Order VI Rule 14A of the Code regarding the address of the party can lead to the striking out of the defence, and the party has a remedy to furnish the correct address and apply to the Court for setting aside the order striking out the defence.

SANJEEV SACHDEVA, J.

1. By this appeal, the appellant has impugned the order dated 20.04.2015 whereby the defence of the appellant has been struck out in terms of Order VI Rule 14A of the Code of Civil Procedure (hereinafter referred to as the Code). The respondent is the Plaintiff in the suit and the appellant is the defendant.

2. The respondent/plaintiff had filed a suit against the defendant alleging the defendant to be a tenant in the suit. The defendant filed his written statement claiming that the property had been purchased by his father by way of an agreement to sell.

3. Since the question involved is with regard to the compliance of the provisions of Order VI Rule 14A of the code, the merits of the contention of the either parties is not relevant for the purposes of the disposal of the present appeal. As such, the same are not being adverted to.

4. The admitted position is that the appellant/defendant in the suit was declared a proclaimed offender and is admittedly not available at the address mentioned in the affidavit accompanying the written statement. The respondent/plaintiff filed an application under order VI Rule 14A for striking out the defence of the defendant as the written statement filed by the defendant was accompanied with a false address.

5. The learned Single Judge has noted the contention of the counsel for the appellant that the appellant had been declared a proclaimed offender though it was contended that he had been wrongly declared a proclaimed offender. However, it was admitted on behalf of the appellant that the appellant was not available at the address mentioned in the affidavit accompanying the written statement. On a query from the learned Single Judge, the counsel had candidly stated that the defendant could not furnish his true and correct address as he had been declared a proclaimed offender. However, it was contended that non-mentioning of the correct address had no relevance to the proceedings as the defendant had been regularly appearing through counsel and had been defending the suit without taking any adjournment. The Learned Single Judge has struck out the defence of the Appellant in terms of Order VI rule 14A of the Code.

6. Provisions of Order VI Rule 14 & 14A of the Code read as under:-

14. Pleading to, be signed — Every pleading shall be signed by the party and his pleader (if any):

Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the pleading it may be signed by any person duly authorized by him to sign the same or to sue or defend on his behalf.

14A. Address for service of notice:-

(1) Every pleading, when filed by a party, shall be accompanied by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.

(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and stating the new address of the party and accompanied by a verified petition.

(3) The address furnished in the statement made sub-rule (1) shall be called the "registered address" of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party for the purpose of service of all processes in the suit of in any appeal from any decree or order therein made and for the purpose of execution and shall hold good, subject as aforesaid, for a period of two years after the final determination of the cause or matter.

(4) Service of any process may be effected upon a party at his registered address in all respects as though such party resided there at.

(5) Where the registered address of a party is discovered by the court to be incomplete, false or fictitious, the Court may, either on its own motion, or on the application of any party, order—(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or (b) in the case where such registered address was furnished by a defendant, his defence be struck out and he be placed in