ISSUE:
Whether the first hearing under Order XV Rule 5 CPC refers to the date of appearance or the date when the court applies its mind to the case?
Whether the power to strike off the tenant’s defense for non-deposit of arrears of rent is discretionary or mandatory?
RULE:
The first hearing in the context of Order XV Rule 5 CPC does not mean the date fixed for the return of summons or the first date of appearance but refers to the stage when the court applies its mind to the case, such as framing of issues or commencement of trial.
The power to strike off the tenant’s defense for non-deposit of rent is not absolute but subject to judicial discretion, requiring consideration of the circumstances, including whether the tenant’s failure was willful or due to a bona fide dispute.