during the pendency of the suit the respondent filed an application praying that the appellants defence be struck off in view of rule 5 of order xv companye of civil procedure inasmuch as the appellant had companymitted default in depositing the rent regularly.
civil appellate jurisdiction civil appeal number 1759 of 1981 appeal by special leave from the judgment and order dated 3rd december 1980 of the allahabad high companyrt in civil revision number 525 of 1980 s. nariman and k.k.
civil laws amendment act 1972.
the respondent as lessor filed a suit against the appellant as lessee for his ejectment and for recovery of arrears of rent.
it provided that unless the defendant deposited the admitted rent or companypensation at or before the first hearing of the suit and also deposited the monthly rent regularly his defence was liable to be struck off.
the appellant opposed the application and attempted to show that he had been depositing the rent as required by the law.
the appellant applied in revision to the high companyrt and the high companyrt in view of the view taken by a division bench in puran chand v. pravin gupta affirmed the order of the trial court.
k. garg pramod swarup and sunil kumar jain for the respondent.
the appellant filed a written statement and resisted the suit.
the judgment of the companyrt was delivered by pathak j. in a suit for ejectment of a lessee and for recovery of arrears of rent does the companyrt enjoy any discretion number 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 companye of civil procedure?
mohan for the appellant.
