Code of Civil Procedure, 1908–Order 15, Rule 5–Order of striking off the defence–Set aside by the High Court–Justification–Having regard to the plaint averments, the suit in question is clearly the one to which the provisions of Order 15, Rule 5 are applicable–Defendant has not denied his status as being the lessee, it was rather imperative for him to have scrupulously complied with the requirements of law and to have deposited the arrears of rent due together with interest on or before the first date of hearing–Denial of the relationship of landlord and tenant simpliciter cannot absolve the lessee/tenant to deposit the due amount of rent/ damages for use and occupation unless he could show having made such payment in a lawful and bonafide manner–Held, there was no reason for High Court for interfering with the order.
