GAGAN KAKKAR Vs. DHARAMPAL CHHABRA

JUDGEMENT

(1.) M No.11299/2015 (exemption) Exemption is allowed subject to all just exceptions. FAO (OS) 323/2015 & CM No.11298/2015 (stay) By this appeal, the appellant has impugned the order dated 20.04.2015 whereby the defence of the appellant has been struck out in terms of Order VI Rule 14A of the Code of Civil Procedure (hereinafter referred to as the Code). The respondent is the Plaintiff in the suit and the appellant is the defendant.

(2.) THE respondent/plaintiff had filed a suit against the defendant alleging the defendant to be a tenant in the suit. The defendant filed his written statement claiming that the property had been purchased by his father by way of an agreement to sell.

(3.) SINCE the question involved is with regard to the compliance of the provisions of Order VI Rule 14A of the code, the merits of the contention of the either parties is not relevant for the purposes of the disposal of the present appeal. As such, the same are not being adverted to.