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HIGH COURT OF UTTARAKHAND AT NAINITAL
SUBHASH UPADHYAY
Pratibha Devi – Appellant
Versus
Gaurav Jain – Respondent
| Table of Content |
|---|
| 1. revision against striking defense in eviction suit for rent arrears. (Para 1 , 2 , 3 , 4 , 5) |
| 2. discretion under order 15 r5; willful vs. bona fide default. (Para 6 , 7 , 8 , 9 , 10) |
| 3. tenant admits rs.8 lakh monthly rent from october 2023. (Para 11 , 12 , 13 , 14) |
| 4. order 15 rule 5 mandates deposit of admitted rent. (Para 15) |
| 5. no representation; elective non-performance justifies strike off. (Para 16 , 17 , 18) |
| 6. deliberate defiance warrants striking off tenant's defense. (Para 19 , 20) |
| 7. no perversity; trial court order upheld in revision. (Para 21 , 22 , 23) |
JUDGMENT :
Subhash Upadhyay, J.
This civil revision is directed against the order dated 16.10.2025 passed by the learned Judge SCC/1st Additional District Judge, Haridwar in SCC Suit No.06 of 2024, “Gaurav Jain & Anr. Vs. Smt. Partibha Devi & Ors.”,
2. The revisionists have assailed the aforesaid order by which the application under Order 15 Rule 5 CPC of the respondents was allowed and the defense of the revisionists was struck off.
3. The factual matrix of the case is that, the respondents herein (plaintiffs in the suit) filed the suit under the Provincial Small Cause Courts Act against the revisionists (re
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.
The burden of proof lies with the tenant to establish payment of arrears of rent, and failure to deposit rent during the pendency of the Suit can lead to eviction.
A tenant denying rent is not required to deposit until the court adjudicates the issue of tenancy, as per Order XV Rule 5 of the Code of Civil Procedure.
Point of law: In the event of any default in making any deposit, "the court may subject to the provisions of sub-rule (2) strike off his defence
The court held that excess rent payments negate claims of default, emphasizing judicial discretion in striking off defenses under Order XV Rule V of C.P.C.
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....
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