Supreme Court of India

Bal Gopal Maheshwari & Ors v. Sanjeev Kumar Gupta

Neutral citation
Reported as [2013] 9 S.C.R. 283
Bench Sudhansu Jyoti Mukhopadhaya and Kurian Joseph JJ.
Decided 30 August 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

For the reasons aforesaid, we have no option but to set aside the impugned judgment dated 17th September, 2007 passed by the learned Single Judge, High Court of Judicature G at Allahabad in Civil Miscellaneous Writ Petition No.44387 of 2007 and allow the appeal.

Judgment, page 12

From the headnote

Code of Civil Procedure, 1908: c 0. 15, r. 5 - Striking off the defence - Suit for eviction on ground for default in payment of rent - Tenant filing written statement belatedly - Application by land-lord for striking off the defence as defendant failed to deposit the rent even after receipt of notice - Allowed by trial court and revisional court 0 - Order set aside .by High Court in a petition under Art. 227 of Constitution - Held: Trial court fully applied its mind while exercising its discretionary power to strike off the defence - Revisional court noticed the grounds and, exercising its

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