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siddharth bhagat (Business)     09 January 2016

Striking off defense provision in any other countries ?

Striking off Defense of CPC Order 15a is very much unreasonable, unjustifiable and Against Natural Principle of Justice and against Basic Principal of CPC..!

In those terms of provision does not include "can be use only in exceptional cases"

In opinion it should be use in rare cases or against deliberate defaulters..!

In my case there was default and fraud by Plaintiff, and he asking court to strike off defense is very unjustifiable....

My question is, any body know,

Amendment of Provision of striking off defense in other country ?

Thanks & Regards,

Siddharth.



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 2 Replies

adv.raghavan (Advocate,9444674980)     09 January 2016

Query lacks clarity, order 15A is with regards to arrears rent payable by tenant, if you are the owner how can he (tenant) file for  order 15A, give us full details , or if u already have adverse order you can contest the same by escalating  in higher forum. If you want to contest the validty of the same you can escalate by using WRIT jurisdiction.

siddharth bhagat (Business)     09 January 2016

Originally posted by : Raghavan R.S.
Query lacks clarity, order 15A is with regards to arrears rent payable by tenant, if you are the owner how can he (tenant) file for  order 15A, give us full details , or if u already have adverse order you can contest the same by escalating  in higher forum. If you want to contest the validty of the same you can escalate by using WRIT jurisdiction.

Where I told that I am Landlord or tenant ? I am the Licensee by the way..

that provision mstly & only for Landlord. Read my question only not profile..

I am asking whether any country is adopting this term..?

 


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