Hi all Lawyers,
My question is about striking off defence..which was twice ordered against with me. I started my business in rented shop on L & L agreement. first year is harder for me to business & to pay a rent. 12 month later after giving rent on time to to licensor, I objerved that premises which I got rented has many circumtances & causes to affect bad my business & future threats by licensor.
I that I had written demand letter to landlord to fullfilled services whcih was committed in our agreement such as Drinking water, Placing display board in the entrance of the building, fix place to park vehicle, clear outstanding of electricity bill, Municiple Corporation and Sociaty maintance charges of 8-10 years long back due by landlord of nearby rs.3 lakhs. I was always under in threat of electricity dep. which can be cut my connection, as I did not receiving proper bill by that dep. even they did not know that connection is live after disconnection of non bill payment 8 years ago by landlord. also threat of seal by municipal corporation on non payment of outstanding from 10 years. Another main cause to affect my business is irritating neighbor, he is putting his all garment material in front of my shop in a row of shopping compex which was result in closing of my display.
After all of these circumstances planitiff want me to remove my defense as he has not single merit to lead the case.
In Feb.15 lower court struck off my defense and Bombay High court restored my case upon payment of Rs.3 lakhs on its interim directions. as their subject to payment of 3 lakhs compansation fees. I deposited inspite 1.5 lakhs on money loundring interest. But top final order High court written to clear arrears of remained outstanding (4 lakhs nrly) within 4 weeks. If high court say me before if or only I pay full amount of rs.7 lakhs payment I will get my defense back, I would to choose another option to how I used 1.5 lakhs in my hand ( might go to Nepal..joking.. or may be evict place and start a business in another place in fresh mind)
Now my defense was again struck off by lower court by app. by plaintiff on non-payment of arrears of outstanding which was direction of HC.
Now I have to be file writ again in HC as party in person as shorten of money to appoint a lawyer. Had quite knowledge of law & its practice in realtime.
Your suggestion may guide to right decision without quiting case..!
Does order XV-A of CPC is to be rule on everybody..?
There are any good case laws..?
I had argument myself in Lower court with case law of Dina Nath (D) By Lrs. & Anr vs Subhash Chand Saini & Ors on 16 April, 1948 which was said The provision must be so construed as to promote the object underlying the Act. To the same effect are the pronouncements of this Court in which this Court has considered striking off the defence of the tenant to be an “exceptional step” warranted only when the tenant’s conduct is seen to be negligent, deliberate or contumacious.
Also ref. court that suprem court has passed several Judgements that if Plantiff's or petitioner hand was'nt clean suit is liable to be dismissed..!
What you think folk let me know, I want proper help ?