Supreme Court of India · 2003-09-26
Mangat Singh Trilochan Singh Thr. ... vs Satpal
- Citation / case number
- AIR 2003 SUPREME COURT 4300
- Court
- Supreme Court of India
- Petitioner
- Mangat Singh Trilochan Singh Thr. ...
- Respondent
- Satpal
- Bench
- Shivaraj V. Patil, D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court held that the High Court erred in reversing the trial court's decision to not strike off the tenants' defense under Order XV Rule 5 of the Code of Civil Procedure, as the date mentioned in the summons was not a date fixed for hearing. The Court emphasized that the power to strike off the defense is discretionary and not mandatory, thus the trial court's discretion in allowing the tenants to deposit rent was justified. Consequently, the Supreme Court set aside the High Court's orders and remitted the cases back to the trial court for further proceedings.