BIMAL CHAND JAIN vs SRI GOPAL AGARWAL

The Supreme Court ruled that under Rule 5 of Order XV of the Code of Civil Procedure, the court has discretion to strike off the defence of a defendant who defaults in depositing rent, but is not obliged to do so in every case of default. The Court overruled the decision in Puran Chand v. Pravin Gupta, clarifying that the word 'may' in sub-rule (1) indicates a discretionary power rather than an obligation. The appeal was allowed, and the order of the Allahabad High Court was set aside.