Court : Allahabad
Reported in : AIR1975All211
..... the continuance of the lease, or of compensation for the use or occupation thereof, whether instituted before or after the commencement of the uttar pradesh civil laws amendment act, 1972, the defendant shall, at or before the first hearing of the suit, (or in the case of a suit instituted before the commencement of the said act, the first hearing after such commencement) deposit the entire amount of rent, or compensation for use and occupation, admitted by him to be due ..... finding and the decree of the court below, it cannot be possible to strike off the defence and reverse the decree on the finding that the relationship of landlord and tenant did exist ..... this application under order xv, rule 5 of the code of civil procedure has been made by the plaintiff-appellant for striking off the defence and deciding the appeal without giving the defendant-respondent a hearing in the appeal because the defendant has not deposited the amount of rent alleged to ..... of rule 5 is to strike off the defence only before the decree of the court comes into ..... default in this regard, the court may unless after considering any representation made by him in that behalf it allows him further time on security being furnished for the amount, refuse to entertain any defence or, as the case may be, strike off his ..... the question of striking off the defence arises only before the suit is ..... framed by the trial court the trial court accepting the plaintiff's case, and disbelieving the defence version decreed the suit. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All230
..... the amending act used the words 'the controller may order the defence against ..... sc 1317) by the learned counsel for the defendant and it was urged that as it was held in that case that the power to strike out the defence was discretionary and optional, this court should also take the same view in the present case. ..... matter, it appears to me that the court had no jurisdiction to refuse to strike out the defence when the rent had not been deposited in the manner prescribed by order xv, rule 5, c.p.c. ..... income-tax officer, bareilly (air 1971 sc 33 (36)) the supreme court in dealing with section 35 of the income-tax act, 1922 which provided that, the authorities may rectify any mistake apparent on the face of the record, held that the authorities were bound to exercise the power if conditions for ..... although, the judge small cause court had not struck out the defence but even he held that the deposit of the monthly rent ..... suit, an application dated 29-10-1975 (was made) for striking off the defence on the ground that as the defendant had neither deposited nor paid rent, the defence was liable to be struck out under order 15, rule 5, c.p.c. ..... counsel for the defendant urged that even when a defence is struck out, a defendant is entitled to appear, cross-examine the plaintiff's witnesses and submit that even on the basis of the evidence adduced on behalf of the plaintiff a decree ..... civil laws (amendment) act ..... was added to order xvof the civil p. c. ..... revision filed under section 115 civil p. c. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(1)MPHT90; 2002(1)MPLJ28
..... 35b(1), cpc introduced by the code of civil procedure (amendment) act, 1976 is as under:--'35-b. ..... of such costs on the date next following the date of such order, shall be a condition precedent to the further prosecution of the suit by the plaintiff, where the plaintiff was ordered to pay such costs or the defence by the defendant, where the defendant was ordered to pay such costs. ..... of such costs, onthe date next following the date of such order, shall be a condition precedent to the further prosecution of- (a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs, (b) the defence by the defendant, where the defendant was ordered to pay such costs.' 4. ..... is from the said date that the further prosecution of the suit or the defence is made conditional on the payment or tender of costs. ..... costs are paid, which have been imposed on earlier dates, then only, further prosecution of the suit or further prosecution of the defence by the defendant could be possible.11. ..... on subsequent dates it would not be open to the parties to reopen the issue at their will and seek the barring of the further prosecution of the suit or the defence under section 35b afresh. ..... been held that in the event of a party failing to pay costs on the date next following the date of the order imposing costs, it is mandatory on the court to disallow the prosecution of the suit or the defence as the case may be. ..... forbidden is further prosecution of the suit or further prosecution of the defence. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2005ACJ155; (2003)135PLR690
..... 18 of the code of civil procedure (amendment) act, 1999 (for brevity, '1999 act') and section 9 of the code of civil procedure (amendment) act, 2002 (for brevity, '2002 act') have been notified from that ..... true that under rule 1 of order viii of the code of civil procedure, 1908 (as amended) (for brevity, 'the code'), a provision has been made for filing of written statement of his defence within period of 30 days from the date of service of summons ..... it was the view of the court that the words 'shall order the defence against delivery of possession to be struck out' occurring in section 17(3) of the west bengal act have to be construed as directory provision and not mandatory provision as the work 'shall' should ..... this court observed that the court is vested with the discretion either to order the defence to be struck out nor not, depending upon the circumstances of the case in ..... 90 days from the date of service stood expired and ordinarily the maximum period of 90 days provided would have applied and the defence of the petitioner-insurance company was bound to be struck off. ..... 227 of the constitution of india challenges the order dated 31.8.2002 passed by the motor accident claims tribunal, nawanshahar (for brevity, 'the tribunal') striking of the defence of the petitioner-insurance company on the ground that already number of opportunities have been availed by it and period of more than 90 days has expired as provided by order viii rule 1 of the code of civil procedure, 1908. .....
Tag this Judgment!Court : Delhi
Reported in : 157(2009)DLT267
..... the provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 (46 of 1999) and by section 7 of this act, shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act;14. ..... 16(2)(b) of the code of civil procedure (amendment) act, 2002 states as under:16. ..... it has again been restored by amendment act 22 of 2002 but with an added proviso to prevent application for amendment being allowed after the trail has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of ..... by amendment act, 46 of 1999, this provision was ..... i am also of the opinion that in cases where amendment of written statement is sought, the courts have to adopt a more liberal approach than that of a plaint as the question of prejudice would be far less in the former than in the latter as addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement can be ..... therefore addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement would not be objectionable while adding, altering or substituting a new cause of action in the plaint may be objectionable .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All261
..... the continuance of the lease, or of compensation for the use or occupation thereof, whether instituted before or after the commencement of the uttar pradesh civil laws amendment act, 1972, the defendant shall, at or before the first hearing of the suit, (or in the case of a suit instituted before the commencement of the said act, the first hearing after such commencement) deposit the entire amount of rent, or compensation for use and occupation, admitted by him to be due, ..... the rule empowers the court to refuse to entertain any defence or strike off the defence in case the lessee commits any default in making the requisite deposit unless the court, after considering any representation made by the defendant, allows him further time to make the requisite deposits on ..... it is not obligatory on the court to refuse to entertain any defence or to strike off the defence in a case default is committed by the defendant in making the ..... made an application praying that the defence be struck off and an ex parte decree be passed against the defendants as they had failed to deposit the arrears of rent and damages as required under order xv, rule 5, civil procedure code. ..... any default in this regard, the court may unless after considering any representation made by him in that behalf it allows him further time on security being furnished for the amount, refuse to entertain any defence on, as the case may be, strike off his ..... of 1972 provides:--'(5) striking off defence on non-deposit of admitted rent, .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All359
..... civil laws (amendment) act no. ..... the plaintiff, however, filed an application for striking off the defence on the ground that as the defendant had not deposited the rent on the first hearing,the defence was liable to be struck out. ..... all these reasons, i hold that since 20th march, 1975 was fixed for final hearing and as on that date the defendant deposited the entire rent which had been due from him, the defence was not liable to be struck out.9. ..... while striking off the defence, the judge small causes court held that 28th feb. ..... the application was accepted by the judge small cause court and the defence was struck off. ..... however, we are not concerned with this amended provision.8. ..... by the amendment made the legislature has made it clear that the expression 'first hearing' means the date for filing written statement or for hearing mentioned in the summons or where more than one of such dates are ..... has now been amended by u. p. ..... act no. ..... act no. ..... act no. ..... aggrieved, the defendant went up in revision under section 25 of the provincial small cause courts act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP44; 1980MPLJ810
..... articles or things and tradeand commerce therein or for preventingany corrupt practice or abuse of authorityin respect of any such matter, if it isnecessary or expedient so to do for securing the defence of india and civil defence,the efficient conduct of military operations or the maintenance or increase ofsupplies and services essential tothe life of the community or forsecuring the equitable distribution and availability of any article or thing at fair ..... ; and whereas it is necessary to provide for special measures to ensure the public safety and interest, the defence of india and civil defence, and for the trial of certain offences and for matters connected therewith; be it, therefore, enacted by parliament in the twenty-second year of the republic of india as follows :--' the act was to remain in force during the period of operation of the proclamation of emergency and for a period ..... the proclamation of internal emergency and consequent amendment of the act by act 32 of 1975 for here we are ..... it is true that by amendment made by act 35 of 1967 orders under section 3 of the essential commodities act can also be made for securing any essential commodity for the defence of india or the efficient conduct of military operations, yet the act cannot be called an emergency legislation of the same nature as the defence of india act, 1971 which is a special legislation designed for the period ..... the petitioner then amended the petition and as mentioned earlier now challenges the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004(1)JCR601(Jhr)]
..... for cross-examination of plaintiffs witnesses or handed to a witness merely to refresh his memory.now by virtue of the code of civil procedure (amendment) act, 2002 with effect from 1.7.2002 the following have been substituted for rule 1 of order viii 'the defendants shall, within 30 days from the date of service of summons on him, present a written statement of his defence: provided that where the defendant fails to file written statement within the said period of 30 days, he shall ..... shivnath, counsel for the defendants 1 and 2 petitioners herein submitted that in view of patna amendment to the provisions of order viii, rule 1, even after amendment by virtue of the code of civil procedure (amendment) act, 2002, which has come into force with effect from 1,7.2002, the trial court could have granted further time for filing written statement after expiry of 90 days from the date of service of summons on ..... in my view, section 16(1) of the amendment act, 2002 clearly provided that except in so far as such amendments or provisions are consistent with the principal act as amended by this act, all other amendments or provisions inserted by the principal act by a state legislature or high court the commencement of this act stood repealed and, therefore, the aforesaid bihar amendment to rule 1 of order viii made before the commencement of this act, being not consistent within the principal act as amended by this act, stood repealed.5. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1657; 1982(2)SCALE1384; (1981)3SCC486; [1982]1SCR124
..... civil laws (amendment) act ..... in a suit for ejectment of a lessee and for recovery of arrears of rent, does the court enjoy any discretion not to strike off the defence in case the defendant has defaulted in depositing the rent and has also failed to make any representation within the terms of rule 5 of order xv, ..... during the pendency of the suit the respondent filed an application praying that the appellant's defence be struck off in view of rule 5 of order xv, cpc, inasmuch as the appellant had committed default in depositing the rent ..... there is a reserve of discretion vested in the court entitling it not to strike off the defence if on the facts and circumstances already existing on the record it finds good reason for not ..... (2) obliges the court, before making an order for striking off the defence to consider any representation made by the defendant in that behalf. ..... (2) before making an order for striking off defence, the court may consider any representation made by the defendant in that behalf provided such representation is made within ten days of the first hearing or of the expiry of the week referred to in sub-section (1) as ..... ruling of the allahabad high court that in those circumstances the court was obliged to strike off the defence, that trial court did exactly that. ..... always be a matter for the judgment of the court to decide whether on the material before it, notwithstanding the absence of a representation under sub-rule (2), the defence should or should not be struck off. .....
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