Tenant’s Defence Cannot Be Struck Off Without Examining Whether Default in Rent Deposit Was Wilful Under Order XV Rule 5 CPC: Supreme Court

The Supreme Court Of India has held that a tenant’s defence cannot be struck off mechanically under Order XV Rule 5 Of The Code Of Civil Procedure, 1908 without first determining the “first date of hearing” and examining whether the default in rent payment was wilful or bona fide. The Court observed that striking off a tenant’s defence is a serious consequence and courts must ensure proper opportunity of hearing…