MANISHA RAO vs ASJEET SINGH LAMBA

Judgment text excerpt

$~104 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th July, 2025 + CM(M) 1258/2025 & CM APPL. 42045/2025 MANISHA RAO .....Petitioner Through: Mr. Ravinder Kumar Yadv, Mr. Kartikey, Ms. Arti Anupriya, Mr. Paras Juneja and Ms. Kritika Yadav, Advocates versus ASJEET SINGH LAMBA .....Respondent Through: Mr. Rajnish Kumar, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Grievance of the petitioner is, merely, limited to the effect that his defence has been struck off without complying the statutory provision as contained under Order XV-A CPC. 2. Petitioner herein is defending a suit for possession, injunction, mesne profits and damages and learned Trial Court passed an order on 15.01.2025 under Order XV-A CPC directing the petitioner herein to pay rent @ Rs. 49,500/- per month and to clear the arrears within one month. 3. The petitioner sought time from the learned Trial Court for a further period of five months to clear the arrears and learned Trial Court refused to grant any such time and, simultaneously, the defence has been struck off vide order dated 23.04.2025. 4. There is no qualm with respect to the settled legal position that before taking any such extreme step of striking off the defence, it is mandated for any such Court to issue notice in terms of Order XV-A Rule 2 CPC. Signature Not Verified Digitally Signed CM(M) 1258/2025 1 By:SONIA THAPLIYAL Signing Date:19.07.2025 13:21:31 5. Learned counsel for respondent appears on advance notice and, while acknowledging the aforesaid flaw in the impugned order, submits that let there be a time-bound direction to learned Trial Court to decide the aforesaid aspect afresh so that there is no prejudice to the landlord who has not got any rent in terms of order dated 15.01.2025. 6. D