“Defence struck off appeal” means a defendant’s right to present their side of the case (their defence) has been removed by the court, often due to wilful non-compliance with orders, leading to an appeal to overturn this drastic decision; an appeal challenges this, seeking reinstatement of the defence for a fair hearing, as courts must be cautious with such a severe measure, focusing on merits unless conduct is deliberately defiant. [1, 2, 3] 


Civil Lawyers Zirakpur Derabassi Panchkula

What “Defence Struck Off” Means

• Removal of Defence: The court removes the defendant’s written statement or ability to present their case.
• Drastic Measure: It’s a last resort, used only for deliberate, wilful, or contumacious (disobedient) conduct, not mere procedural mistakes.
• Consequences: The defendant loses the right to deny the plaintiff’s claims, potentially leading to a judgment against them. [1, 3, 4, 5] 

Grounds for Striking Off Defence

• Failure to Appear: Not attending court hearings.
• Wilful Delay/Disobedience: Repeatedly ignoring court orders, like failing to file documents or pay costs, especially in commercial matters. [1, 2, 3, 6] 

The Appeal Process

• Challenging the Order: A defendant can appeal the order to have their defence reinstated, arguing it wasn’t a wilful default or that the action was too harsh.
• Court’s Role: Courts must balance case efficiency with natural justice, often setting aside strike-off orders if the default wasn’t deliberate, allowing cases to proceed on merits. [3, 4] 

What a Defendant Can Still Do (Sometimes)

• Cross-Examination: Even with defence struck off, a defendant might still be allowed to cross-examine the plaintiff’s witnesses to challenge their evidence, as denying this can violate fair trial rights, say NearLaw (https://nearlaw.com/PDF/MumbaiHC/2014/2014(3)-ALL-MR-354.html) and Facebook (https://www.facebook.com/theqanoondan/posts/what-does-the-expression-defence-struck-off-means-and-whether-court-could-rely-o/2834986553471069/). [7, 8] 

AI responses may include mistakes.

[1] https://thelawblog.in/2023/04/11/defence-struck-off-what-it-really-means-and-the-procedure-thereafter/
[2] https://lawgicalhs30.in/defence-struck-off-what-it-really-means-and-the-procedure-thereafter/
[3] https://www.latestlaws.com/supreme-court/courts-must-not-punish-litigants-for-mere-lapses-229019/
[4] https://askfilo.com/user-question-answers-smart-solutions/what-does-it-mean-that-the-defendant-s-defence-is-stuck-out-3332383130373638
[5] https://www.facebook.com/theqanoondan/videos/what-does-the-expression-defence-struck-off-means-and-whether-court-could-rely-o/312779487737194/
[6] https://www.lawtodaylive.com/digest/cpc-digest-defence-struck-off
[7] https://nearlaw.com/PDF/MumbaiHC/2014/2014(3)-ALL-MR-354.html
[8] https://www.facebook.com/theqanoondan/posts/what-does-the-expression-defence-struck-off-means-and-whether-court-could-rely-o/2834986553471069/