MUKESH VERMA AND ANOTHER Vs. HARISHCHANDRA AND ANOTHER
LAWS(ALL)-2018-3-406
HIGH COURT OF ALLAHABAD
Decided on
March 23,2018
Mukesh Verma And Another
Appellant
VERSUS
Harishchandra And Another
Respondents
Referred Judgements :-
VIJENDRA KUMAR JAIN VS. SHANTI DEVI [REFERRED TO]BIMAL CHAND JAIN VS. GOPAL AGARWAL [REFERRED TO]
ANANDI DEVI VS. OM PRAKASH [REFERRED TO]
MANGAT SINGH TRILOKCHAN SINGH VS. SATPAL [REFERRED TO]
ATMA RAM VS. SHAKUNTALA RANI [REFERRED TO]
MAQSOOD ALI VS. SHAMSHER KHAN [REFERRED TO]
LEELA DEVI VS. SHANTI DEVI [REFERRED TO]
BAL GOPAL MAHESHWARI VS. SANJEEV KUMAR GUPTA [REFERRED TO]
KANHAI VS. PRAFULL KUMAR [REFERRED TO]
SATYA KUMARI KAMTHAN VS. NOOR AHMAD [REFERRED TO]
CITY BOARD MATHURA VS. ASHOK KUMAR [REFERRED TO]
JUDGEMENT
Surya Prakash Kesarwani, J. -
(1.)Heard Sri Sanjay Agarwal, holding brief of Sri Sushant Misra, learned counsel for the defendants-tenants/petitioners and Sri Babban Prasad Dwivedi, learned counsel for the plaintiffs-landlords/respondents.
(2.)This petition under Article 227 of the Constitution of India has been filed praying for the following relief:
"To set aside the order dated 1.2.2018 & 23.2.2018 passed by the learned Additional District Judge/Special Judge (Dacoity affected Area) in Provincial Small Causes Suit No.4/2016 (Harishchandra & another Vs. Mukesh Verma & another)"
Questions Involved:
(3.)Two questions involved in this petition as pressed by learned counsel for the defendant-tenant/petitioner, are as under:-
(a) Whether compliance of the provisions of Order XV Rule 5 C.P.C. by the defendant are mandatory for protection against striking of defence?
(b) Whether, under the facts and circumstances of the case the defence of the defendant-tenant/petitioners has been lawfully struck off by the impugned order?
Facts:
(2.)This petition under Article 227 of the Constitution of India has been filed praying for the following relief:
"To set aside the order dated 1.2.2018 & 23.2.2018 passed by the learned Additional District Judge/Special Judge (Dacoity affected Area) in Provincial Small Causes Suit No.4/2016 (Harishchandra & another Vs. Mukesh Verma & another)"
Questions Involved:
(3.)Two questions involved in this petition as pressed by learned counsel for the defendant-tenant/petitioner, are as under:-
(a) Whether compliance of the provisions of Order XV Rule 5 C.P.C. by the defendant are mandatory for protection against striking of defence?
(b) Whether, under the facts and circumstances of the case the defence of the defendant-tenant/petitioners has been lawfully struck off by the impugned order?
Facts:
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