K.BHASKAR REDDY Vs. K.ANASUYA

JUDGEMENT

(1.) This revision is preferred against an order passed on 15.12.2015 in I.A.No.587 of 2015 in O.S.No.403 of 2011.

(2.) The petitioner herein is the defendant in the suit. The respondent/plaintiff moved I.A.No.587/2015 under Order 15 -A (2) of CPC praying the Court to strike off the defence of the defendant on the premises that the defendant in the suit was directed by the Court on 02.07.2015 by an order passed in I.A.No.116 of 2014 to deposit the arrears of rent from the date of filing the suit i.e., from December 2011 to June 2015 @ Rs.3,500/ - per month, which is the admitted rent. In I.A.No.116 of 2014, the Court also directed the petitioner herein to deposit the monthly rent before 10th of every month until disposal of the suit. Both these directions issued by the Court in I.A.No.116/2014 dated 02.07.2015 have not been complied with by the petitioner. On the other hand, the petitioner herein offered a cheque drawn in a sum of Rs.75,000/ - in favour of the plaintiff on 01.09.2015 and he offered another cheque in a sum of Rs.86,000/ - on the next date of adjournment, which she refused to receive. It was also pointed to the Court that rents have not been deposited into the Court as per the order dated 02.07.2015 before 10th of every month. In view of the default committed by the petitioner herein in complying with the order dated 02.07.2015 passed in I.A.No.116 of 2014, the present I.A.No.587 of 2015 is allowed and the defence of the petitioner herein has been ordered to be struck off.

(3.) Order 15 -A of CPC provides for striking off defence in a suit filed by the lessor. Rule 2 thereof requires the Civil Court to serve a notice on the defendant to show -cause as to why the defence should not be struck off, and then the Court shall consider any such cause, if shown in order to decide as to whether the defendant should be relieved of an order striking off the defence put up by him.