Under the Code of Civil Procedure (CPC), “defence struck off” means the court disregards the defendant’s written statement due to persistent non-compliance (e.g., non-payment of rent, failure to file pleadings). The case proceeds as if no defence exists, though the defendant may still cross-examine plaintiff witnesses. [1, 2, 3, 4]

Key Aspects of Striking Off Defence (Order VIII Rule 10 / Order XV Rule 5 CPC)

  • When it Happens:
    • Failure to File Written Statement: Under Order VIII Rule 1, a defendant must file a written statement within 30 days (extendable to 90 or up to 120 days in special circumstances). Failure to comply allows the court to strike off the defence.
    • Failure to Deposit Rent/Maintenance: In suits for rent or maintenance, failure to deposit amounts ordered by the court (Order XV Rule 5) frequently leads to this action.
  • Consequences:
    • The defence is placed in the same position as if no defense was filed.
    • The court may pass an immediate judgment or proceed with the plaintiff’s evidence.
    • The defendant cannot typically amend their written statement or file new evidence.
  • Rights After Defence is Struck Off:
    • Cross-Examination: The defendant is not completely helpless; they can still cross-examine the plaintiff’s witnesses to highlight inconsistencies in the plaintiff’s case, although they cannot lead positive evidence.
    • Arguments: The defendant can argue on the basis of the evidence presented by the plaintiff.
  • Procedures and Discretion:
    • Striking off is a severe penalty, often treated as a last resort.
    • The Supreme Court has emphasized that courts should not act mechanically, and the power is discretionary, not mandatory.
    • It is generally required that the court provide notice to the defendant before passing such a punitive order. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]

In summary, it is a procedural penalty for willful neglect, preventing the defendant from arguing their own case based on their pleadings, while still allowing them to challenge the plaintiff’s case. [3, 6, 9]

More on 99888-17966. By Satish Mishra Advocate

[1] https://supremetoday.ai/issue/defence-struck-off-res-judicata-guide

[2] https://supremetoday.ai/issue/written-statement-struck-off-defence-india

[3] https://supremetoday.ai/issue/defendant-rights-after-defence-struck

[4] https://nearlaw.com/PDF/MumbaiHC/2014/2014(3)-ALL-MR-354.html

[5] https://lawgicalhs30.in/defence-struck-off-what-it-really-means-and-the-procedure-thereafter/

[6] https://supremetoday.ai/issue/landmark-judgment-strike-off-defence-cpc

[7] https://highcourtchd.gov.in/landmark_judgments/HC/English/CR_3135_2017.pdf

[8] https://www.scribd.com/document/920630070/Application-for-Striking-Out-Defence

[9] https://www.youtube.com/watch?v=pd2yfeTNW7s

[10] https://supremecourtonline.in/cpc-o-8-r-1-whereas-the-defence-of-the-defendant-has-been-struck-off-after-97-days/