Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
In civil litigation, particularly rent recovery suits, courts sometimes strike off a defendant's defence due to non-compliance with procedural orders, like failing to deposit rent. This drastic step raises a critical question: whether striking of a person's defence is violative of Article 14 of the Indian Constitution, which guarantees equality before the law and equal protection of laws.
Many defendants argue it amounts to arbitrary denial of a fair hearing. However, Indian courts have consistently held otherwise, viewing it as a balanced procedural tool. This blog post delves into the legal framework, key judgments, and safeguards, drawing from authoritative sources. Note: This is general information based on precedents and not specific legal advice. Consult a lawyer for your case.
Striking out a person's defence under provisions like Order XV Rule 5 CPC (for rent deposit defaults), Order XI Rule 21 CPC (discovery non-compliance), or Section 15(7) of the Delhi Rent Control Act does not violate Article 14. This power is statutory discretionary, exercisable only in cases of willful, contumacious, or deliberate default, and not mechanically. Courts stress judicial restraint, treating it as a penalty imposed sparingly after considering representations or record evidence, ensuring no arbitrariness. It balances procedural fairness with consequences of non-compliance, passing Article 14's rational classification and non-arbitrariness tests. Ashapura Minechem Ltd. VS Pacific Basin IHX (UK) Ltd - 2013 0 Supreme(Bom) 203
Key points include:- Striking is not automatic but requires proof of willful conduct. Bimal Chand Jain VS Gopal Agarwal - 1981 0 Supreme(SC) 347- It acts as a last resort penalty, with courts reviewing representations. Dina Nath (D) by Lrs. VS Subhash Chand Saini - 2014 0 Supreme(SC) 301- No provision has been struck down under Article 14; guidelines prevent misuse. State of M. P. VS Rakesh Kohli - 2012 3 Supreme 675
This power originates from specific procedural rules aimed at ensuring orderly adjudication. For instance:
Order XV Rule 5 CPC: Applies in rent suits where defendants fail to deposit arrears. It's in nature of a penalty and not to be exercised mechanically. Even without a formal representation under Rule 5(2), courts retain discretion if the record shows good reason: There is a reserve of discretion vested in court entitling it not to strike off defence if on the facts and circumstances already existing on record it finds good reason for not doing so. Bimal Chand Jain VS Gopal Agarwal - 1981 0 Supreme(SC) 347
Order XI Rule 21 CPC: For non-compliance with discovery or interrogatories.
Section 15(7), Delhi Rent Control Act: Targets rent defaults, but only for negligent, deliberate, or contumacious conduct. Not every violation triggers it: Every violation in implementation of the direction(s) issued by a Rent Controller will not ipso facto lead to the striking out the defence of a tenant. Dina Nath (D) by Lrs. VS Subhash Chand Saini - 2014 0 Supreme(SC) 301
Courts must exercise great circumspection and great judicial restraint, limiting it to extreme cases of contumacy. Striking out of pleadings is a matter of serious prejudice... the stringent provisions... should be applied only in extreme cases, where there is contumacy on the part of the defendant or a willful attempt to disregard the order of the court. Ashapura Minechem Ltd. VS Pacific Basin IHX (UK) Ltd - 2013 0 Supreme(Bom) 203
In rent contexts, factors like excess payments or apathy to directions are weighed, as seen in split opinions upholding the power. Dina Nath (D) by Lrs. VS Subhash Chand Saini - 2014 0 Supreme(SC) 301
Relatedly, in eviction suits under amended Order XV Rule A(2) (AP), failure to deposit rent after a final order mandates striking off defence, emphasizing compliance. Adams Memorial Educational and Welfare Society, Hyderabad VS Soma Vijay Prakash - 2008 Supreme(AP) 503
Article 14 prohibits arbitrary state action, but this power aligns with it through built-in checks:
The power of dismissal of suit or striking out the defence... should be exercised for adequate reasons, where the defaulting party fails ultimately in complying with the order of the Court... where the default is willful and the conduct... contumacious and that results in causing substantial or serious prejudice. Ashapura Minechem Ltd. VS Pacific Basin IHX (UK) Ltd - 2013 0 Supreme(Bom) 203
In practice, non-compliance after multiple chances, like in a suit for arrears where defendants enjoyed premises rent-free, justifies striking: The defendant is enjoying the suit premises without paying any rent, which will cause great prejudice to the plaintiff. A. Manimanjari VS P. Bhaskara Rao - 2008 Supreme(AP) 943
However, it's recognized as drastic, especially in matrimonial disputes: Striking off the defence is a drastic action especially in proceedings relating to matrimonial disputes. An order striking off the defence has tremendous impact on the fate of the litigation. Shafi S/o. Hydru VS Raihanath, D/o. Hamza - 2018 Supreme(Ker) 392
No judgment declares this power violative of Article 14. It rationally classifies willful defaulters (subject to penalty) versus compliant parties, with a nexus to efficient justice. Analogous cases uphold similar classifications:
Procedural penalties like this pass scrutiny unless flagrantly unequal. A law made by Parliament or the legislature can be struck down... only if it is found that it is violative of the equality clause. State of M. P. VS Rakesh Kohli - 2012 3 Supreme 675
Contrastingly, unrelated striking of names without hearing violates natural justice, but that's procedural, not Article 14-specific. Algoo Ram VS State of U. P - 1991 Supreme(All) 1053
The power isn't absolute:- Restoration available: Under Order XXXIX Rule 11(2) CPC on showing sufficient cause. Ashapura Minechem Ltd. VS Pacific Basin IHX (UK) Ltd - 2013 0 Supreme(Bom) 203- No willful default: Cured arrears or no contumacy blocks striking. Dina Nath (D) by Lrs. VS Subhash Chand Saini - 2014 0 Supreme(SC) 301Bimal Chand Jain VS Gopal Agarwal - 1981 0 Supreme(SC) 347- Triable issues: In summary suits (Order XXXVII), conditional leave to defend is preferred.
In copyright infringement, striking defence followed injunction breaches, but only after evidence review. Kanade Anand Udyog Pvt. Ltd. VS Indiana Gratings Pvt. Ltd. - 2010 Supreme(Bom) 1628
For courts:1. Record specific reasons.2. Hear representations.3. Review records pre-striking.4. Impose deposits over striking where possible.
For defendants: File representations promptly, cure defaults to invoke discretion.
This framework ensures fairness while deterring delays. For tailored advice, seek professional counsel. Stay informed on evolving precedents!
#Article14 #StrikingDefence #IndianLaw
Once the wri5en statement stood filed on the date fixed by the trial Court itself, the founda(cid:10)on for striking off the defence ceased to exist. 7. Striking off the defence is a dras(cid:10)c measure and cannot be invoked as a ma5er of course. ... The applica(cid:10)on for striking off the defence was pressed effec(cid:10)vely only on the very date, when the wri5en statement had already been filed and taken on record. ... She has approached this Court being aggrieved by the order....
The classes of persons, which are mentioned in the Rule are the persons, who are serving the Central Govt. and have to remain f posted outside the State of Himachal Pradesh against their will as they may be transferred against their will. ... In such circumstances, the clause is not violative of the provisions of Article 14 of the Constitution of India. ... 8. ... The petitioner has filed the present writ petition for quashing the two letters j referred to above rejecting her eligibility for admission and also for striking#HL_EN....
That, some of his articles were taken away by the aforesaid persons and some articles were still lying there. ... At the time of taking cognizance what the Court has to see is whetehr from the material available at that stage a prima facie case is made out or not. ... 9. ... That when he had gone to the Police to lodge a complaint against Sheopat Ram and others six persons mentioned in the complaint went to his 'nohra' and forcibly took away the remaining articles mentioned in para 4 of the complaint. ... The learned Counsel for the non....
Striking off the defence of the tenant was intended to benefit the landlord was otherwise benifitted, therefore, by his conduct he has waived the right to ask for striking of the defence of the defendant tenant .This was the majority view in Full Bench case of Patna. S.P. ... A rent Controller will definitly use common sense and prudence while striking out defence of a failing tenant u/s 12(4) of the Act. The question of striking off defeence largely depends on the fa....
According to Section 97 this right vests even in strangers for the defence of the body and property of other persons against offences mentioned therein. ... The courts have, therefore, to be careful in seeing that no one on the mere pretext of the exercise of the right of private defence takes side in a quarrel between two or more persons and inflict injuries on the one or the other. ... It is also stated that the deceased lost control of his balance when he leaned forward with the above block of bricks and fell upon the....
According to Section 97 this right vests even in strangers for the defence of the body and property of other persons against offences mentioned therein. ... The courts have, therefore, to be careful in seeing that no one on the mere pretext of the exercise of the right of private defence takes side in a quarrel between two or more persons and inflict injuries on the one or the other. ... It is also stated that the deceased lost control of his balance when he leaned forward with the above block of bricks and fell upon the....
The action taken by the respondents with-regard to striking out the names of 32 petitioners from the roll is therefore violative of principles of natural justice. As regards petitioner No. 33 respondents have raised no dispute. ... I to 32 shall be associated and they shall be given fair chance of being heard and adducing such evidence in defence as may be wished to be adduced by these petitioners. ... Accordingly, impugned order dated 5- 5-90 is quashed as being unconstitutional and violative of principles of natural ju....
It is contended that the action of the respondents in forcing the petitioner to agree to pay an amount of Rs.2,80,00,000/- to the 5th respondent by threatening her with false cases and under threat of physical intimidation is illegal and violative of her legal rights. ... It is contented that at about 11:00 a.m. on 24.5.2022, a person introducing himself as lawyer of the petitioner had met the respondents and enquired as to whetehr any FIR was lodged. He was informed that the respondent was waiting for the version of the petitioner before lodging an FIR. .....
After the expiry of the Defence of India Rules, the Madras Buildings (Lease and rent) Control Act, 1946 was introduced and it came info force with effect from 1st October, 1946, The Rent Control legislations followed the pattern evolved in Rent Restriction Acts, England which were primarily aimed at ... The eviction of tenant is circumscribed by the conditions enumerated in the Act striking a departure from the un-fettered right of the landlord to seek eviction at his whim under the Transfer of property Act. Under the provisions of A. ... With a view to ca....
I however agree with learned federal counsel that eventhough art14 cannot be invoked in this case it does not preclude the applicant to apply under the other provisions of the Constitution. ... Learned federal counsel Puan Najwa bt Bistaman submitted that art14(1)(b) read together with the Second Schedule Part II s 1(a) entails two main requirements to be fulfilled before a person can qualify as a citizen by operation of law. ... Article 14(1) must be read together with Second Schedule Part II s 1(a) which states: (1)Subject to the provisions of Part III ....
Striking off the defence is a drastic action especially in proceedings relating to matrimonial disputes. An order striking off the defence has tremendous impact on the fate of the litigation and the rights of the parties.
The striking out of the defence of the Defendants; and (iii) Essentially, in the fresh motion three reliefs were sought by the Plaintiff – (i) Action under Order 39 Rule 2A for breach of the order of injunction; (ii) The appointment of a Receiver of electroforged grating machines manufactured from parts based on the drawings of the Plaintiff.
Senior Division, Nagpur, allowed the application Exhibit 124 filed by the plaintiff under Order 13. Rule 11 of the Code of Civil Procedure of striking out the defence. This Court issued the notice in the said matter on 26-9-2008 and granted an ad interim stay to the proceedings before the Trial Court. This order was subject matter of challenge in Writ Petition No.4262 of 2008.
Subsequent to the disposal of the Special Leave Petition before the Supreme Court, the Applications were filed before the lower Court for the reliefs as mentioned above. The said Application was allowed by striking of the defence of the defendant. During the pendency of the Revision in the High Court, the plaintiff filed I.A. No. 221 of 2008 under Section 15 (a) read with Section 151 of C.P.C. requesting the Court to strike of the defence of the defendant in the suit for non-compliance of the order of the lower Court, dated 16-11-2007.
The defendant shall, unless otherwise directed, continue to deposit such amount till the decision of the suit. In any suit by a Lessor or a licensor against a Lessee or a licensee, as the case may be, for his eviction with or without the arrears of rent or licence fee and future mesne profits from him, the defendant shall deposit such amounts as the Court may direct on account of arrears upto the date of the order (within such time as the Court may fix) and thereafter continue to deposit in each succeeding month the rent or licence fee claimed in the suit as the Court may direct. O....
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