Order 15-A of CPC provides for striking off defence in a suit filed by the lessor. Rule 2 thereof requires the Civil Court to serve a notice on the defendant to show-cause as to why the defence should not be struck off, and then the Court shall consider any such cause, if shown in order to decide as to whether the defendant should be relieved of an order striking off the defence put up by him. The order passed on 02.07.2015 by the Court in I.A.No.116 of 2014 is very clear. For the period from December 2011 up to end of June 2015 for nearly 43 months period, the defendant was directed to deposit the admitted rent @ Rs.3,500/- per month and 30 days time was granted by the Court for that purpose. Therefore, the petitioner herein ought to have deposited the entire arrears of rent within the time so stipulated by the Court. That he has not done and on the other hand, he has drawn a cheque of Rs.75,000/- on 01.09.2015 and offered to the plaintiff. Rs.75,000/- does not answer or satisfy the quantum of arrears payable for the entire 43 months period, which works out to Rs.1,50,500/-. This apart, there is a finding of fact recorded now that the petitioner herein has also failed to comply with the other obligation to deposit the admitted rent of Rs.3,500/- before 10th of every month. Hence, for the default committed by the petitioner herein to live up and comply with the stipulations contained in I.A., the Court below rightly struck off the defence set up by him as provided for under Order 15-A (2) of CPC. I, therefore, do not find any good reason for interference in exercise of jurisdiction vested in the Court below.
Order 15-A of CPC provides for striking off defence in a suit filed by the lessor. Rule 2 thereof requires the Civil Court to serve a notice on the defendant to show-cause as to why the defence should not be struck off, and then the Court shall consider any such cause, if shown in order to decide as to whether the defendant should be relieved of an order striking off the defence put up by him. The order passed on 02.07.2015 by the Court in I.A.No.116 of 2014 is very clear. For the period from December 2011 up to end of June 2015 for nearly 43 months period, the defendant was directed to deposit the admitted rent @ Rs.3,500/- per month and 30 days time was granted by the Court for that purpose. Therefore, the petitioner herein ought to have deposited the entire arrears of rent within the time so stipulated by the Court. That he has not done and on the other hand, he has drawn a cheque of Rs.75,000/- on 01.09.2015 and offered to the plaintiff. Rs.75,000/- does not answer or satisfy the quantum of arrears payable for the entire 43 months period, which works out to Rs.1,50,500/-. This apart, there is a finding of fact recorded now that the petitioner herein has also failed to comply with the other obligation to deposit the admitted rent of Rs.3,500/- before 10th of every month. Hence, for the default committed by the petitioner herein to live up and comply with the stipulations contained in I.A., the Court below rightly struck off the defence set up by him as provided for under Order 15-A (2) of CPC. I, therefore, do not find any good reason for interference in exercise of jurisdiction vested in the Court below.