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The Code of Civil Procedure, 1908: page 131

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 131, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only
or for the final disposal of the suit:
   Provided that, where the summons has been issued for the settlement of issues only, the parties or their
pleaders are present and none of them objects.
    (2) Where the finding is not sufficient for the decision, the Court shall postpone the further hearing of
the suit, and shall fix a day for the production of such further evidence, or for such further argument as
the case requires.
     4. Failure to produce evidence.—Where the summons has been issued for the final disposal of the
suit and either party fails without sufficient cause to produce the evidence on which he relies, the Court
may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues, adjourn the
suit for the production of such evidence as may be necessary for its decision upon such issues.]
                                            STATE AMENDMENT
Uttar Pradesh
Amendment of Order XV.— In the First Schedule, in Order XV, for the existing rule 5, the following
rule shall be substituted, namely :—
           “5. Striking off defense on failure to deposit admitted rent, etc.— (1) In any suit by a
   lessor for the eviction of a lessee after the determination of his lease and for the recovery from
   him of rent or compensation for use and occupation, the defendant shall, at or before the first
                                                                     e
                                                               od
   hearing of the suit, deposit the entire amount admitted by him to be due together with
   interest thereon at the rate of nine per centum per annum and whether or not he admits any

                                                        aC
   amount to be due, he shall throughout the continuation of the suit regularly deposit the
   monthly amount due within a week from the date of its accrual, and in the event of any default
   in making the deposit of the entire amount admitted by him to be due or the monthly amount
                                                    di
   due as aforesaid, the court may subject to the provisions of sub-rule (2), strike off his defense.
                                               In
          “Explanation 1 — The expression ‘first hearing’ means the date for filing written
   statement or for hearing mentioned in the summons or where more than one of such dates
   are mentioned, the last of the dated mentioned.
          “Explanation 2 — The expression ‘entire amount admitted by him to be due’ means
  the entire gross amount, whether as rent or compensation for use and occupation,
  calculated at the admitted rate of rent for the admitted period of arrears after making no
  other deduction except the taxes, if any, paid to a local authority in respect of the building
  on lessor’s account and the amount, if any, deposited in any court under section 30 of the U.
  P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
         “Explanation 3 — The expression ‘monthly amount due’ means the amount due
  every month, whether as rent or compensation for use and occupation at the admitted rate of
  rent, after making no other deductions except the taxes, if any, paid to a local authority in
  respect of the building on lessor’s account.
          (2) Before making an order for striking off defense, the court may consider any
  representation made by the defendant in that behalf provided such representation is made within 10
  days, of the first hearing or, of the expiry of the week referred to in sub-section (1), as the case
  may be.
          (3) The amount deposited under this rule may at any time be withdrawn by the plaintiff ;
           Provided that such withdrawal shall not have the effect of prejudicing any claim by the
  plaintiff disputing the correctness of theamount deposited ;
          Provided further that if the amount deposited includes any sums claimed by the
  depositor to be deductible on any account, the court may require the plaintiff to furnish
  security for such sum before he is allowed to withdraw the same.”
[Vide Uttar Pradesh Act 57 of 1976, s. 7]



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