Bal Gopal Maheshwari & Ors vs Sanjeev Kumar Gupta

The Supreme Court held that the High Court's exercise of jurisdiction under Article 227 of the Constitution of India to set aside the orders of the lower courts was justified, as the respondent's defence was struck off due to non-compliance with Order 15 Rule 5 of the CPC. The Court emphasized that while the provisions are mandatory, the court retains discretion to accept a written statement even after the stipulated period, provided costs are paid. The Court upheld the High Court's decision to restore the defence of the respondent, contingent upon the payment of costs, and directed the trial court to expedite the resolution of the suit.