Supreme Court · 1981 INSC 129 · Decided 27 July 1981
Bimal Chand Jain v. Sri Gopal Agarwal
- Court
- Supreme Court of India
- Citation
- 1981 INSC 129 · [1982] 1 S.C.R. 124
- Case number
- CIVIL APPEAL No. 1759/1981
- Decided
- 27 July 1981
- Bench
- R.S. PATHAK, O. CHINNAPPA REDDY, BAHARUL ISLAM (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 5
Headnote
D E F G H BIMAL CHAND JAIN v. SRI GOPAL AGARWAL July 27, 1981 [R.S. PATHAK, 0.CHINNAPPA REDDY AND BA '.IARUL !SLAM, JJ. l Civil Procedure Code Rule 5 Order XV-D~fau/t in payment of arrears of rent during the pendency of suit-Court if competent to strike off defence. Rule 5 of Order XV C.P.C. was of the suit for eviction and also continue to deposit the monthly amount regularly and that on failure to do so, his defence was liable to be struck off. Another rule provided that before striking off the defence, the Court may consider any representation made in that behalf. The respondent
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