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Sec 151 r/w sec 21 of the cpc, strike off defence maintainable?

Page no : 2

Legal_Help (Manager)     27 April 2023

Orders reserved next month.

To conclude legal experts,

"STRIKE OFF DEFENCE SHOULD BE CONSIDERED ONLY AS A LAST RESORT, IF THE NON COMPLIANCE IS WILLFULL AND CONTUMACIOUS. COURT SHOULD CONSIDER ANY REPRESENTATION MADE BY DEFENDENT BEFORE PASSING ORDER"

This is the recommendation provided by Honble Supreme Court of India in the case of strike off defence for courts considering to apply this provision of law mechanistically.

 


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