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Striking Off Defence Under Section 151 CPC: A Comprehensive Guide
In civil litigation, courts wield significant powers to ensure justice is not undermined by non-compliance or abuse of process. One such power is the ability to strike off a defendant's defence under Section 151 of the Code of Civil Procedure (CPC), 1908. This inherent power allows courts to act decisively when parties flout orders, particularly in cases involving rent arrears, maintenance payments, or discovery non-compliance. But when can it be invoked, and what are the limits? This post breaks it down based on judicial precedents, helping you understand this critical tool.
Note: This is general information based on case law and not specific legal advice. Consult a lawyer for your situation, as outcomes vary by facts and jurisdiction.
What is Section 151 CPC?
Section 151 CPC preserves the inherent powers of courts to make orders necessary for the ends of justice or to prevent abuse of the process of the court. It's not a codified right but a residual power, exercisable when no other provision applies. Courts have clarified it's not unlimited—used sparingly in exceptional cases. RAM CHAND AND SONS VS KANHAYA LAL BHARGAVA - 1965 Supreme(Del) 66
Key principle: No party has a vested right to be heard on merits if they indulge in contumacious conduct (willful defiance). Judicial discretion must favor compliance over indulgence. Venugopal Krishnamurthy VS M. Tejaswini
When Does It Apply to Striking Off Defence?
Striking off defence typically arises in suits for eviction, recovery, or family matters where defendants fail to:
- Deposit rent/mesne profits as ordered (e.g., under Order XV-A CPC in rent suits).
- Comply with discovery/interrogatories (Order XI Rule 21).
- Pay interim maintenance (family courts).
Courts invoke it to deter abuse, but only after opportunity to comply.
Landmark Principles from Supreme Court and High Courts
Indian courts have shaped this power through precedents. Here's a synthesis:
1. Non-Compliance with Rent Deposit Orders
In rent control/eviction suits, failure to deposit arrears triggers Order XV-A CPC or S.151. For instance:
- Rajasthan Premises Act cases: Courts cannot extend time beyond statutory limits or condone defaults under Limitation Act S.5. Word shall in S.13(4) is mandatory. Nasiruddin VS Sita Ram Agarwal - 2003 2 Supreme 50
- If tenant defaults, defence is struck off ex debito justitiae (as a duty of justice). No power to condone without statutory backing. Nasiruddin VS Sita Ram Agarwal - 2003 2 Supreme 50
Quote: The court does not have the power to either extend the period to deposit the rent or to condone the default. Nasiruddin VS Sita Ram Agarwal - 2003 2 Supreme 50
2. Family Law and Maintenance Cases
Family courts often use S.151 for non-payment of interim maintenance under HMA S.24 or CrPC S.125:
- Power exists in civil matrimonial proceedings (e.g., divorce suits) to strike off defence for willful default, preventing abuse. AJITH.R.NATH Vs REENA AJITH.R.NATH - 2019 Supreme(Online)(KER) 73115 HARI B. Vs HARSHA S. - 2021 Supreme(Online)(KER) 3820
- But limited in CrPC S.125 proceedings: Family courts exercising criminal jurisdiction lack S.151 equivalent. Cannot strike off defence; use execution under S.128 CrPC instead. Hari B. , S/o. Balakrishnan Nambiyar VS Harsha S. , D/o. P. D. Subash - 2021 Supreme(Ker) 26 SAKEER HUSSAIN T. P. S/O. ABUBACKER KOYA VS NASEERA D/O. LATE MUHAMMED, CHETTUPURATHU VEEDU - 2016 Supreme(Ker) 533
Example: In a divorce petition, if husband defaults on alimony, court stays proceedings or strikes defence. Driving out a penniless wife to initiate separate execution frustrates S.24 HMA. Vanmala w/o Maroti Hatkar VS Maroti Sambhaji Hatka - 1999 Supreme(Bom) 289
Caution: Must give opportunity to pay arrears first—last resort only. Jijo Mathew Alex VS Anu T. Cherian - 2023 Supreme(Ker) 1038
3. Corporate Suits and Director Non-Appearance
Under Order XXIX Rule 3 CPC, courts summon directors for examination. Non-appearance leads to striking off company defence via S.151:
- Court has undoubted power... willful disregard of order. Analogous to Order IX Rule 12. RAM CHAND AND SONS VS KANHAYA LAL BHARGAVA - 1965 Supreme(Del) 66
4. Discovery and Evidence Non-Compliance
- Order VI Rule 16 + S.151: Strike scandalous pleadings or for non-compliance.
- Order XI Rule 21: Sole repository for discovery defaults, but S.151 supplements. D. Ram Mohan Rao VS Sridevi Hotels private Limited, Nizamabad - 2003 Supreme(AP) 43
Conditions for Invoking S.151 to Strike Defence
Courts apply strict tests:
- Willful and contumacious default: Mere delay insufficient; prove deliberate defiance. Venugopal Krishnamurthy VS M. Tejaswini
- Opportunity to comply: Notice and time given (e.g., 6 weeks for arrears). MAHESH vs ROOPA Advocate - K M FIROZ, ,K M FIROZ,M SHAJNA,UMMUL FIDA - 2017 Supreme(Online)(KER) 42860
- Exceptional cases only: Not routine; alternative remedies (execution) preferred. Nathulal VS Shantiial - 1960 Supreme(MP) 355
- No prejudice to plaintiff: But protects judicial process.
| Scenario | Power Available? | Key Citation |
|----------|-----------------|--------------|
| Rent eviction (Order XV-A) | Yes, mandatory | Nasiruddin VS Sita Ram Agarwal - 2003 2 Supreme 50 |
| Maintenance (Civil - HMA) | Yes, S.151 | India Electron Exchange Ltd. VS Vivek Jose Agnelo Araujo - 2009 Supreme(Bom) 1210 |
| Maintenance (CrPC S.125) | No, execution only | Hari B. , S/o. Balakrishnan Nambiyar VS Harsha S. , D/o. P. D. Subash - 2021 Supreme(Ker) 26 |
| Director non-appearance | Yes | RAM CHAND AND SONS VS KANHAYA LAL BHARGAVA - 1965 Supreme(Del) 66 |
Limitations and Judicial Restraint
- Not for minor lapses: E.g., medical excuses scrutinized but not blindly accepted. RAM CHAND AND SONS VS KANHAYA LAL BHARGAVA - 1965 Supreme(Del) 66
- Recall possible: Under S.151 if new facts or error, but rare—finality prevails. Hemant Verma VS Nazibulla Khan - 2017 Supreme(Del) 4221
- No in criminal courts: S.151 alien to CrPC jurisdiction. SAKEER HUSSAIN T. P. S/O. ABUBACKER KOYA VS NASEERA D/O. LATE MUHAMMED, CHETTUPURATHU VEEDU - 2016 Supreme(Ker) 533
Dissenting views: Some judges caution against hasty use, preferring enforcement. Striking off should be last resort. Jijo Mathew Alex VS Anu T. Cherian - 2023 Supreme(Ker) 1038
Quote from SC: Power under S.151... exercised only in exceptional cases... no specific provision pertaining to the subject. Nathulal VS Shantiial - 1960 Supreme(MP) 355
Procedural Safeguards
- File application under Order VI R.16 / S.151.
- Prove default via affidavit/records.
- Court hears both sides.
- Conditional order: Pay within time or defence struck.
- Appealable under Order XLIII R.1(d).
Key Takeaways
- S.151 CPC empowers striking off defence for blatant non-compliance, upholding court authority.
- Common in rent/family suits; restricted in criminal maintenance.
- Always willful default + opportunity required.
- Generally, courts exercise restraint but decisively against abuse.
In practice, this deters frivolous defences but balances fairness. Litigants: Comply promptly to avoid this drastic step. Courts: Use judiciously.
For deeper insights, review full judgments. Stay informed—justice demands discipline.
Disclaimer: Laws evolve; this reflects precedents up to available data. Seek professional advice.
Search Results for "Striking Off Defence Under Section 151 CPC: Key Rules"
1988 0 Supreme(SC) 337 • India - Supreme Court
B.C.RAY, G.L.OZA, M.N.VENKATACHALIAH, RANGANATH MISRA, S.NATARAJAN, S.RANGANATHAN, SABYASACHI MUKHARJEE
resolute men regard that with eguanimity and call it reasonable, just and fair, regard it as equal treatment and protection in the defence ... Section 407(8) read with section 474 of the Cr. ... (2) of section 7. ... defence. ... his substantial and valuable privileges of defence which, others similarly charged, were able to claim. ... 161, Section 162, Section 163, Section 164, ....
1992 0 Supreme(SC) 581 • India - Supreme Court
K.JAYACHANDRA REDDY, S.R.PANDIAN
Defence Government of India approved in August, proposal forwarded by Army Headquarters introduction of 155 mm calibre medium gun ... both towed and self-propelled to meet its defence operational requirements - Choice for obtaining said gun system/guns was short ... for suo motu exercise of power in light of the well settled legal principles enunciated by this Court for the exercise of such powers ... Section 482 which corresponds t....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
Section 9 of the Code of Criminal Procedure Act, 1976 by which Legislative Assembly of Uttar Pradesh has deleted Section 438 of ... to Section 19 convictions are for offences other Sections 3 and 4 of Act 28 of 1987 the accused may be entitled to file an appeal ... 1973 - Indian Evidence Act, 1872 - Criminal Law Act of 1973 - Section 62 - Ireland Emergency Provisions Act, 1978 - U.P. ... Therefore....
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
scuttle hii defence. ... Section 7. ... Section 124 of the Act.
1950 0 Supreme(SC) 19 • India - Supreme Court
G.KANIA
Por text of the section, seepage 372 ante. ... Item 9 of List I mentions reasons connected with defence, foreign affairs and security of India while item 3 of list III speaks of ... It would indeed be singular for the Court to strike down a parliamentary enactment because in its opinion a certain classification ... such right of defence is made a normal feature of the ordinary law of#HL_....
1965 0 Supreme(Del) 66 • India - Delhi
SHAMSHER BAHADUR
Issues: Whether the Court has the power to strike off the defence of the defendant company under Section 151 of the Code of ... DEFENCE - SECTION 151 CPC - INHERENT POWERS OF COURT. ... Ratio Decidendi: The Court held that the Court has the power to strike off the defence of the defendant ....
2019 Supreme(Online)(KER) 73115 • India - High Court of Kerala
K.HARILAL, C.S. DIAS, JJ
Ratio Decidendi: The court held that inherent powers under Section 151 CPC allow striking off defenses when there is willful ... Maintenance - Family Law - Hindu Adoption and Maintenance Act, 1955, Section 18; CPC, Order VI, Rule 16; CPC, Section 151 - The ... court upheld the Family Court's order to strike off the defense for non-payment of m....
2022 0 Supreme(Del) 1613 • India - Delhi
C. HARI SHANKAR
to strike off the petitioner's defence under Order XVA, CPC. ... deed, perjury, waiver of costs, and striking off the defence under Order XVA, CPC. ... The court also discussed the application under Order XVA, CPC and held that the order striking off the petitioner's defence was quashed ... sub-rule (2) strike off the #HL_STAR....
2017 Supreme(Online)(KER) 42860 • India - High Court of Kerala
A.M.SHAFFIQUE, K.RAMAKRISHNAN, JJ
Finding of the Court: The Family Court's use of inherent power under Section 151 was justified to strike off the defense ... Civil - Family Law - Order 6 Rule 16, Section 151 CPC - The court upheld the Family Court's decision to strike off the petitioner ... ’s defense due to non-payment of maintenance, interpreting inherent powers under #HL_....
1960 0 Supreme(MP) 355 • India - Madhya Pradesh
V.R.NEWASKAR
Issues: Whether the court was justified in striking off the defendant's defence under Section 151 CPC. ... CIVIL PROCEDURE CODE - SECTION 151 - STRIKING OFF DEFENCE - POWER TO BE EXERCISED ONLY IN EXCEPTIONAL CASES - UNDERTAKING BY DEFENDANT ... TO DEPOSIT RENT - FAILURE TO DO SO - NOT A MATTER OF CONTEMPT - STRIKING OFF #HL_....
• India - Current Civil Cases
M. NAGAPRASANNA
Civil Procedure Code, 1908 – Order VI Rule 16 r/w Section 151 – Striking out defence of defendant – Judicial ... Here also the argument raised was that Section 151, CPC could not be invoked to strike out the defence in circumstances covered by Order XXIX, CPC. ... 151 of the Code of Civil Procedure, seeking striking off the defence of the defendant. ... Section ....
2025 0 Supreme(Kar) 93 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Section 151 , CPC. ... S.151 of the Code of Civil Procedure saves the inherent powers of the court and, in exercise of that power, the court can strike off the defence in deserving cases for meeting the ends of justice. ... Here also the argument raised was that Section 151 , CPC could not be invoked to strike out the defence in circumstances covered by Ord....
2003 0 Supreme(AP) 43 • India - Andhra Pradesh
L.NARASIMHA REDDY
151 to strike off the defence. ... It was, however, indicated that Order XI rule 21 CPC is the sole repository insofar as the power of the Court to strike off the defence is concerned and Section 151 is not at all available for the Courts to strike off the defence. ... The question is, as to whether, that by itself would enable the Court to strike#HL_E....
2023 0 Supreme(Ker) 1038 • India - Kerala
The remedy of the respondents was to file an application under Section 128 to execute the order and not a petition to strike off the defence. The Family Court ought not to have hastily struck off the valuable defence of the revision petitioner. The order is perverse and is liable to be set aside. ... 151 of the Code of Civil Procedure is a threat held out to unscrupulous litigants who do not respect the majesty of the Court and they will be doing so ....
2021 0 Supreme(Ker) 26 • India - Kerala
MARY JOSEPH
Criminal Procedure Code, 1973- Section 125 ;;Civil Procedure Code, 1908- Order VI Rule 16 or Section 151 ... 151 CPC being alien to it. ... 151 of the Code of Civil Procedure also cannot be exercised by a court while exercising jurisdiction under Section 125 Cr.P.C. ... The power to strike off defences invoking the jurisdiction under Order VI Rule 16 CPC or under Section 151 CPC is available only to courts exercisi....
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