MODULA INDIA versus KAMAKSHYA SINGH DEO

MODULA INDIA versus KAMAKSHYA SINGH DEO

Even where a tenant’s defence is struck out under section 17(3) of the West Bengal Premises Tenancy Act, 1956, the defendant, subject to the court’s discretion and safeguards against prejudice to the plaintiff, may cross-examine the plaintiff’s witnesses and address arguments, but may not lead evidence or convert cross-examination into a presentation of his own case.

Parties
Appellant: Modula India; Respondent: Kamakshya Singh Deo
Jurisdiction
India
Judgment Date
27 September 1988
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 30.9.1982 of Calcutta High Court in Suit No. 568 of 1979
Outcome
Appeal allowed
Legal Topics
Striking Out of Defence, Right to Cross Examine After Defence Struck Out, West Bengal Premises Tenancy Act
Tenancy Law Civil Procedure Striking Out of Defence Right to Cross Examine After Defence Struck Out West Bengal Premises Tenancy Act

Case Brief

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Parties

Modula India

Appellant

Kamakshya Singh Deo

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 30.9.1982 of Calcutta High Court in Suit No. 568 of 1979

Legal Issues

  1. 1 What is the scope of the rights available to a defendant whose defence has been struck out under section 17(3) of the West Bengal Premises Tenancy Act, 1956?

Ratio Decidendi

Even where a tenant’s defence is struck out under section 17(3) of the West Bengal Premises Tenancy Act, 1956, the defendant, subject to the court’s discretion and safeguards against prejudice to the plaintiff, may cross-examine the plaintiff’s witnesses and address arguments, but may not lead evidence or convert cross-examination into a presentation of his own case.

Court Disposition

Appeal allowed

Orders

  • Suit restored to trial Judge for further proceedings in light of judgment
  • Costs of appeal to form part of suit costs and abide result thereof