https://www.taxtmi.com/caselaws?id=791819 Order XV Rule 5 CPC requires courts to examine whether admitted rent was deposited, whether any default was wilful or bona fide, and what counts as the first date of hearing before striking off a tenant's defence. The penal consequence is not to be applied mechanically, and procedural rules must advance justice rather than defeat it. Where the foundational facts for invoking the rule are not properly assessed, and later indulgence does not reconcile with an earlier conditional order, the matter may require fresh consideration. The impugned orders were set aside and the case remanded to the trial court for a fresh decision on compliance and default. en-us Fri, 15 May 2026 00:00:00 +0530 Mon, 18 May 2026 17:17:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=791819 Order XV Rule 5 CPC requires courts to examine whether admitted rent was deposited, whether any default was wilful or bona fide, and what counts as the first date of hearing before striking off a tenant's defence. The penal consequence is not to be applied mechanically, and procedural rules must advance justice rather than defeat it. Where the foundational facts for invoking the rule are not properly assessed, and later indulgence does not reconcile with an earlier conditional order, the matter may require fresh consideration. The impugned orders were set aside and the case remanded to the trial court for a fresh decision on compliance and default. Case-Laws Indian Laws Fri, 15 May 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=791819