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1996 Supreme(All) 1242
HIGH COURT OF ALLAHABAD
M.Katju
PRADEEP KUMAR
Versus
VTH ADDITIONAL DISTRICT JUDGE ETAH
Decided On : 05 November 1996
C. M. W. P. No. 12037 of 1991
G.N.VERMA,
Striking off the defense should be done sparingly as it denies the opportunity of hearing to the defendant.
Headnote:
Striking off Defence - Tenant - The court held that striking off the defense should be done sparingly as it denies the opportunity of hearing to the defendant, and directed the trial court to decide the suit within six months.
Fact of the Case:
The tenant filed a writ petition after their defense was struck off by the court, which was upheld in subsequent orders.
Finding of the Court:
The court set aside the previous orders and directed the trial court to decide the suit within six months.
Issues: The issue was whether the defense should be struck off for failure to deposit amounts as required by the Civil Procedure Code.
Ratio Decidendi: The court held that striking off the defense should be done sparingly, as per previous Supreme Court decisions, and directed the trial court to decide the suit within six months.
Final Decision: The writ petition was allowed, and no order as to costs was given.
This writ petition has been filed by the tenant whose defence has been struck of by order dated 29. 3. 89 which has been upheld by order dated 15. 2. 91.
2. Heard learned Counsel for the par ties.
3. It has been held by the Supreme Court that even if the amounts are not deposited as required by Order XV Rule 5, C. P. C. , the trial Court is not bound to strike of the defence vide 1981 ARC 463 (SC) AIR 1987 SC 1011 and AIR 1985 SC 965 etc. In opinion since striking off the defence is a very serious step because it denies oppor tunity of hearing to the defendant it should be done very sparingly. Hence I set aside the orders dated 29. 3. 89 and 15-2-91 but I direct that the Suit No. 29 of 1985 be decided by the trial Court within six months of production of copy of this order.
4. With these observation this writ petition is allowed. No order as to costs.
Petition allowed.
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