Legal Analysis: Dharmendra Kalra & Ors v. Kulvinder Singh Bhatia

Citation: 2026 INSC 492
Court: Supreme Court of India
Bench: A Division Bench comprising Justice Prasanna B. Varale and Justice S.V.N. Bhatti
Date of Decision: May 15, 2026
Nature of Case: Civil Appeal arising out of Special Leave Petition (Civil) No. 7116 of 2025

Synopsis

The Supreme Court set aside the orders of the Allahabad High Court which had granted extension of time to a tenant to deposit rent despite earlier default, and also set aside the Trial Court’s order striking off the defence under Order XV Rule 5 of the Code of Civil Procedure, 1908 (CPC). The Court remanded the matter to the Trial Court for fresh consideration. The core issue was whether the Trial Court had mechanically struck off the defence without determining the “first date of hearing” and whether the High Court had properly exercised its discretion in granting successive extensions. The Supreme Court held that striking off defence is a drastic penal consequence; the power under Order XV Rule 5 CPC, though mandatory in form, vests a judicial discretion which must be exercised after considering the representation of the tenant and determining the first date of hearing. Procedural laws are the handmaid of justice and must not be applied mechanically.

1. Basic Information of the Judgment

• Case Title: Dharmendra Kalra & Ors v. Kulvinder Singh Bhatia

• Citation: 2026 INSC 492

• Civil Appeal No.: Arising out of SLP (C) No. 7116 of 2025

• Bench: Division Bench (Justice Prasanna B. Varale and Justice S.V.N. Bhatti)

• Date of Decision: May 15, 2026

• Court: Supreme Court of India (Civil Appellate Jurisdiction)

• Impugned Orders: Order dated 10.12.2024 and order dated 07.02.2025 passed by the Allahabad High Court in S.C.C. Revision No. 114 of 2023 and C.M.A. No. 6 of 2025

2. Legal Framework

Major Laws and Provisions Involved

• Code of Civil Procedure, 1908 (CPC) – Order XV Rule 5 (striking off defence for non-deposit of rent), Order IX Rule 7 (recall of ex parte proceedings), Order VII Rule 11 (rejection of plaint), Order VIII Rule 1 (written statement), Order XIV Rule 3 (framing of issues).

• Transfer of Property Act, 1882 – Section 106 (termination of ten

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