ORDER XV RULE 5 CPC AND STRIKING OFF TENANT’S DEFENCE: SUPREME COURT REITERATES SAFEGUARDS AGAINST MECHANICAL EVICTION ORDERS
In a significant ruling concerning landlord-tenant disputes, the Supreme Court in Dharmendra Kalra & Ors. v. Kulvinder Singh Bhatia clarified 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 whether the default in depositing rent was wilful or bona fide. The judgment is important because courts across India frequently deal with eviction suits where landlords seek striking off the tenant’s defence on the ground of delayed or non-payment of rent. The Supreme Court emphasized that such power, though available to courts, must be exercised cautiously and only after satisfying certain foundational requirements. A bench comprising Justice S.V.N. Bhatti and Justice Prasanna B. Varale delivered the ruling.
