Supreme Court · 2013 INSC 579 · Decided 30 August 2013
Bal Gopal Maheshwari & Ors v. Sanjeev Kumar Gupta
- Court
- Supreme Court of India
- Citation
- 2013 INSC 579 · [2013] 9 S.C.R. 283
- Case number
- CIVIL APPEAL No. 7279/2013
- Decided
- 30 August 2013
- Bench
- S. J. MUKHOPADHAYA, KURIAN JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 227
Headnote
Code of Civil Procedure, 1908: A B c 0. 15, r. 5 - Striking off the defence - Suit for eviction on ground for default in payment of rent - Tenant filing written statement belatedly - Application by land-lord for striking off the defence as defendant failed to deposit the rent even after receipt by trial court and revisional court 0 - Order set aside .by High Court in a petition under Art. 227 of Constitution - Held: Trial court fully applied its mind while exercising its discretionary power to strike off the defence - Revisional court noticed the grounds and, exercising its revisional
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