BIMAL CHAND JAIN versus SRI GOPAL AGARWAL

The court has discretion under Rule 5 of Order XV, CPC, and is not bound to strike off the defence in every default case, notwithstanding the absence of representation under sub-rule (2).

Parties: Appellant: Bimal Chand Jain; Respondent: Sri Gopal Agarwal
Jurisdiction: India
Judgment Date: 27 July 1981
Procedural Posture: Civil Appeal / Appeal by Special Leave From High Court Decision on Civil Revision
Outcome: Appeal allowed; order of High Court set aside; matter remanded to High Court for fresh consideration
Legal Topics: Striking Off Defence, Default in Payment of Arrears of Rent, Court's Discretion

Civil Procedure Striking Off Defence Default in Payment of Arrears of Rent Court's Discretion

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Bimal Chand Jain

Appellant

Sri Gopal Agarwal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Decision on Civil Revision

Legal Issues

1 Whether the court has discretion not to strike off the defence in case of default in depositing rent and failure to make representation under Rule 5 of Order XV, CPC

Ratio Decidendi

The court has discretion under Rule 5 of Order XV, CPC, and is not bound to strike off the defence in every default case, notwithstanding the absence of representation under sub-rule (2).

Court Disposition

Appeal allowed; order of High Court set aside; matter remanded to High Court for fresh consideration

Orders

Order of High Court dated December 3, 1980, in Civil Revision No. 525 of 1980 set aside
Case remanded to the High Court for fresh consideration