ASHA RANI GUPTA Vs. VINEET KUMAR

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises out of a suit for eviction and recovery of arrears of rent as also damages for use and occupation, as filed by the plaintiff-appellant against the defendant-respondent (Hereinafter, the parties have also been referred to as 'the plaintiff' or as 'the defendant', as per their status in the suit), wherein the order dtd. 1/3/2017, as passed by the Trial Court striking off the defence of the defendant-respondent for failure to pay or deposit the due rent, which was approved by the Revisional Court in its order dtd. 18/1/2018, has been set aside by the High Court in its impugned order dtd. 2/11/2018.

(3.) The root question calling for determination in this appeal is as to whether the High Court was right in reversing the order striking off defence in terms of Order XV Rule 5 of the Code of Civil Procedure, 1908 ('CPC', for short), as applicable to the present case (Rule 5 of Order XV was...10/2/1981 w.e.f. 3/10/1981)?