Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
rd
% Judgment Reserved on: 3 July, 2015
nd
Judgment Delivered on: 22 July, 2015
+ FAO (OS) 323/2015 & CM No.11298/2015 (stay)
GAGAN KAKKAR .... Appellant
versus
DHARAMPAL CHHABRA ..... Respondent
Advocates who appeared in this case:
For the Appellants : Mr Mohit Madan, Advocate.
For the Respondent : Mr Ashish Mohan, Advocate.
CORAM:-
HON’BLE MR JUSTICE BADAR DURREZ AHMED
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
CM No.11299/2015 (exemption)
Exemption is allowed subject to all just exceptions.
FAO (OS) 323/2015 & CM No.11298/2015 (stay)
1. By this appeal, the appellant has impugned the order dated
20.04.2015 whereby the defence of the appellant has been struck out in
terms of Order VI Rule 14A of the Code of Civil Procedure (hereinafter
referred to as the Code). The respondent is the Plaintiff in the suit and the
appellant is the defendant.
FAO (OS) No.323/2015 Page 1 of 6
2. The respondent/plaintiff had filed a suit against the defendant
alleging the defendant to be a tenant in the suit. The defendant filed his
written statement claiming that the property had been purchased by his
father by way of an agreement to sell.
3. Since the question involved is with regard to the compliance of the
provisions of Order VI Rule 14A of the code, the merits of the contention
of the either parties is not relevant for the purposes of the disposal of the
present appeal. As such, the same are not being adverted to.
4. The admitted position is that the appellant/defendant in the suit was
declared a proclaimed offender and is admittedly not available at the
address mentioned in the affidavit accompanying the written statement.
The respondent/plaintiff filed an application under order VI Rule 14A for
striking out the defence of the defendant as the written statement filed by
the defendant was accompanied with a false address.
5. The learned Single Judge has noted the contention of the counsel
for the appellant that the appellant had been declared a proclaimed
offender though it was contended that he had been wrongly declared a
proclaimed offender. However, it was admitted on behalf of the appellant
that the appellant was not available at the address mentioned in the
affidavit accompanying the written statement. On a query from the
learned Single Judge, the counsel had candidly stated that the defendant
could not furnish his true and correct address as he had been declared a
proclaimed offender. However, it was contended that non-mentioning of
the correct address had no relevance to the proceedings as the defendant
FAO (OS) No.323/2015 Page 2 of 6
had been regularly appearing through counsel and had been defending the
suit without taking any adjournment. The Learned Single Judge has
struck out the defence of the Appellant in terms of Order VI rule 14A of
the Code.
6. Provisions of Order VI Rule 14 & 14A of the Code read as under:
14. Pleading to, be signed.— Every pleading shall be
signed by the party and his pleader (if any): Provided that
where a party pleading is, by reason of absence or for
other good cause, unable to sign the pleading it may be
signed by any person duly authorized by him to sign the
same or to sue or defend on his behalf.
14A. Address for service of notice.— (1) Every
pleading, when filed by a party, shall be accompanied by
a statement in the prescribed form, signed as provided in
rule 14, regarding the address of the party.
(2) Such address may, from time to time, be changed by
lodging in Court a form duly filled up and stating the new
address of the party and accompanied by a verified
petition.
(3) The address furnished in the statement made sub-
rule (1) shall be called the "registered address" of the
party, and shall, until duly changed as aforesaid, be
deemed to be the address of the party for the purpose of
service of all processes in the suit of in any appeal from
any decree or order therein made and for the purpose of
execution, and shall hold good, subject as aforesaid, for a
period of two years after the final determination of the
cause or matter.
(4) Service of any process may be effected upon a
party at his registered address in all respects as though
such party resided there at.
FAO (OS) No.323/2015 Page 3 of 6
(5) Where the registered address of a party is
discovered by the court to be incomplete, false or
fictitious, the Court may, either on its own motion, or on
the application of any party, order— (a) in the case where
such registered address was furnished by a plaintiff, stay
of the suit, or (b) in the case where such registered
address was furnished by a defendant, his defence be
struck out and he be placed in the same position as if he
had not put up and defence.
(6) Where a suit is stayed or a defence is struck out
under sub- rule (5), the plaintiff or, as the case may be,
the defendant may, after furnishing his true address,
apply to the Court for an order to set aside the order of
stay or, as the case may be, the order striking out the
defence.
(7) the Court, if satisfied that the party was prevented by
any sufficient cause from filing the true address at the
proper time, shall set aside the order of stay or order
striking out the defence, on such term as to costs or
otherwise as it thinks fit and shall appoint a day for
proceeding with the suit or defence, as the case may be.
(8) Nothing in this rule shall prevent the Court from
directing the service of a process at any other address, if,
for any reason, it thinks fit to do so.
7. Order VI Rule 14A mandates that every pleading filed by a party
shall be accompanied by a statement in the prescribed form, signed as
provided in Rule 14, regarding the address of the party. It stipulates that
the address may be changed from time to time by lodging in Court a form
duly filled by stating the new address and accompanied by a verified
petition. The said address furnished is to be called the registered address
and until duly changed is deemed to be the address of the party for the
FAO (OS) No.323/2015 Page 4 of 6
purpose of service of processes in the suit or in any appeal etc. Order VI
Rule 14A(5) lays down that where the registered address of a party is
discovered by a Court to be incomplete, false or fictitious, the Court may
either on its own motion or on an application by any party, in case such
address is furnished by the plaintiff, stay the suit or in case such address
is furnished by the defendant strike out his defence and he be placed in
the same position as if he has not put up the defence.
8. The learned Single Judge by the impugned order noted that in case
the defendant has been wrongly declared a proclaimed offender, the
remedy of the defendant was to file appropriate proceedings challenging
the order declaring him the proclaimed offender. The Court noticed that
a party, which was absconding from justice, has a right to be heard
provided the party cooperates with the judicial system and complies with
its orders. The learned Single Judge relying on the decision of the
Karnataka High Court in Yellapa (d) by LRs vs. Smt. Yashobai and
Others , AIR 2004, Karnataka 388 has noticed that the provisions of
Rule 14A are mandatory and postulate disastrous consequences.
9. Even before us, the address mentioned in the appeal is the same
address at which, admittedly, the defendant/appellant is not available.
The learned counsel for appellant has submitted that he is not in a
position to furnish the correct address of the appellant.
10. In these circumstances, it is an admitted position that there is non-
compliance with the provisions of Order VI Rule 14A and, as such, the
consequences as laid down in Rule 14(5) would have to follow. The
FAO (OS) No.323/2015 Page 5 of 6
address furnished by the Defendant/appellant is false and incorrect and he
is not willing to furnish his correct address. In our view, the learned
Single Judge was thus right in striking out the defence of the
defendant/appellant. We find no infirmity in the order passed by the
learned Single Judge in striking out the defence.
11. We may note that sub-rule 6 & 7 of Rule 14A lay down that where
defence has been struck out in terms of sub-rule 5, the defendant after
furnishing his true address may apply to the Court for an order to set
aside the order striking out the defence and if the Court is satisfied that
the party was prevented by sufficient cause from filing the true address at
an appropriate time, the Court shall set aside the order striking out the
defence on such terms as to costs or otherwise as it thinks fit. The
appellant has a remedy provided under sub-Rule 6 & 7 to furnish the
correct address and apply to the Court for setting aside the order striking
out the defence.
12. In view of the above, we find no infirmity in the impugned order.
The appeal is dismissed with no order as to costs. However, we make it
clear that the dismissal of the appeal would not come in the way of the
learned single judge in entertaining and disposing of an application on
merits, if filed, by the appellant/defendant under Order VI rule 14A(6).
SANJEEV SACHDEVA, J
JULY 22, 2015 BADAR DURREZ AHMED, J
SV
FAO (OS) No.323/2015 Page 6 of 6