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account. (2) Before making an
order for striking off defence, the Court may consider any
representation made by the defendant ... that the Court has the
discretion not to strike off defence if on the facts and circumstances
already existing
Punjab-Haryana High Court
Garg's case (supra)
that the question of striking off defence cannot be examined as a
preliminary issue after ... that sub-rule (1) obliges the
Court to strike off defence? it must be remembered that an order
under
Allahabad High Court
after the first two withdrawals, for striking off the defence of the
tenant on the ground that the deposits were ... observed that
the penalty of striking out defence for non-compliance of an order
under Section
Patna High Court
said
provision reads thus:
"Striking off defence on failure to deposit admitted rent, etc.--
(1) In any suit ... Before making an order for striking off defence, the Court may
consider any representation made by the defendant in that
Bombay High Court
date of the filing of the application for
striking out defence no amount of rent was in arrears, and therefore ... firstly proceeded in view of the power to
strike out defence being discretionary, and the discretion was presumed
also because
Rajasthan High Court
account.
(2) Before making an order for striking off defence, the Court may
consider any representation made by the defendant ... that the Court has the discretion not to strike off defence if on
the facts and circumstances already existing
Punjab-Haryana High Court
terrorem, The Court will act with circumspection before
striking out the defence of a tenant under this provision.
This Court ... like this in rent acts
to say that striking out defence is not obligatory on the
Court merely because there
Supreme Court of India
Discretion of the Court--To order either
striking out of defence or not--Depends upon the circum-
stances ... justice--If court exer-
cises discretion not to strike out defence-Court has further
discretion to condone the default
Supreme Court of India
Control Act, 1958, Sections 15(7) scope of
Striking of defence for non-payment of arrears of rent,
Court ... Delhi Rent Control Act, 1958-Appeal against order
striking out defence-Correct section applicable is section
38 and not section
Supreme Court of India
pendency of suit-Court if
competent to strike off defence.
HEADNOTE:
Rule 5 of Order ... enacted as
follows:
"Striking off defence an failure to deposit
admitted rent, etc.-(1) In any suit by a lessor
Supreme Court of India
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