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HIGH COURT OF PUNJAB AND HARYANA
M/S BELI RAM SAREEN AND ANOTHER – Appellant
Versus
SANTOSH GOSAIN – Respondent
JUDGMENT :
Vikram Aggarwal, J.
The present revision petition assails the order dated 16.12.2021 (Annexure P-7) passed by the Court of learned Civil Judge (Sr. Divn.), Ambala, vide which the application filed by the petitioners-plaintiffs under Order 15 Rule 5 of the Code of Civil Procedure, 1908 (for short the “CPC”) for striking off the defence of the respondent-defendant was dismissed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. Shorn of unnecessary details, facts relevant for the purpose of deciding the present revision petition are that a suit (Annexure P-2) was filed by the plaintiffs (petitioners) against the defendant (respondent) for mandatory injunction directing the defendant to hand over the vacant possession of the kiosk, which was a portion of property/plot No.180/1 to 3, Minerva Complex, Parking Side, Rai Market, Ambala Cantt (fully described in the plaint) (hereinafter referred to as the “suit property” ) and to direct the defendant to pay mesne profits.
4. The case set up was that the defendant was a licensee over the suit property in terms of the license agreement dated 27.02.2013. The license fee was Rs.1500
Failure to comply with court orders and pay dues justifies striking off the defense under Order 15 Rule 5 of the CPC.
Non-compliance with lease payment obligations allows the court to strike off the defense under Order 15 Rule 5 CPC.
Striking out defence of defendant – Judicial discretion must not be exercised in favour of a party indulging in contumacious defiance.
Court can strike off defense for non-compliance with rent payment orders, emphasizing that defiance of court directives is unacceptable and justifies severe consequences.
Eviction suit – 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 and not as a matter of cour....
Judgment under Order VIII Rule 10 should not be passed without requiring the plaintiff to prove the facts pleaded in the plaint, and disputed questions of fact warrant a trial rather than a summary j....
Failure to regularly deposit admitted monthly rent under Order 15 Rule 5 CPC without timely representation constitutes deliberate defiance justifying striking off tenant's defence in eviction suit.
Non-payment of costs and non-production of documents relied upon in the written statement can lead to the striking off of the defence as per the provisions of Section 35-B CPC and Order 8 Rule 1 A CP....
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