What is the ‘first hearing’ under Order 15 Rule 5 CPC?

It is the stage when the court applies its mind—like framing issues or starting evidence—not merely the first date of appearance or return of summons.

Is striking off a tenant’s defence automatic for non-deposit of rent?

No. The power is discretionary. The court must see intent, reasons for delay, and any bona fide disputes before striking off.

When can a revisional court interfere under Section 115 CPC?

Only for jurisdictional error or material irregularity. It cannot replace the trial court’s lawful discretion with its own view.

Why was striking off refused in this case?

Tenants had deposited arrears in a bank for the landlord’s benefit, showing no mala fides; hence striking off was unjustified.

mangat-singh-v-sat-pal-air-2003-sc-4300

Mangat Singh v. Sat Pal — ‘First Hearing’ (O.15 R.5 CPC) & Striking Off Defence

Author: Gulzar Hashmi India CASE_TITLE: Mangat Singh v. Sat Pal PRIMARY_KEYWORDS: Order 15 Rule 5 CPC, first hearing, tenant defence SECONDARY_KEYWORDS: rent arrears, revisional jurisdiction, discretion PUBLISH_DATE: 22 Oct 2025 Slug: mangat-singh-v-sat-pal-air-2003-sc-4300

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Summary Issues Rules Facts Arguments Judgment Ratio Why It Matters Key Takeaways Mnemonic IRAC Glossary FAQs Related

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Quick Summary

First hearing ≠ first appearance. Under Order 15 Rule 5 CPC, “first hearing” is when the judge starts deciding—like framing issues or taking evidence. Also, striking off a tenant’s defence for not depositing rent is a discretion, not an automatic punishment. Courts must check intent, disputes, and conduct.

O.15 R.5 Defence AIR 2003 SC 4300

Issues

Does “first hearing” mean the first date of appearance or the stage when the court applies its mind?
Is the power to strike off defence for non-deposit of rent mandatory or discretionary?

Rules

First hearing (O.15 R.5 CPC): The stage of judicial application of mind—framing issues, beginning trial—not merely the return of summons or first appearance.
Striking off defence: A judicial discretion. Consider reasons for delay, bona fide disputes, tenant’s conduct, and prejudice.
Revisional control (S.115 CPC): Interference is limited to jurisdictional errors or material irregularities—not to re-evaluate a lawful discretion.

Facts — Timeline

Eviction suits: Landlords sue for non-payment of rent.

Summons: Tenants appear; date is not marked as “first hearing”.

Deposits: Tenants deposit arrears, but not within time counted from summons date.

Trial court: Refuses to strike defence; allows deposit; finds no wilful default.

High Court (Revision): Strikes defence—takes a strict view of O.15 R.5.

Supreme Court: Restores trial court order; explains “first hearing” and confirms discretion.

Arguments (Appellant vs Respondent)

Tenants (Appellants)

“First hearing” is when the court starts adjudication, not first appearance.
Defence should not be struck off; deposits made in bank show good faith.

Landlords (Respondents)

Strict reading of O.15 R.5: deposit must be within prescribed time.
Non-deposit warrants striking off to prevent delay tactics.

Judgment

Held: “First hearing” means the stage of judicial consideration (issues/evidence), not first appearance. Power to strike off defence under O.15 R.5 is discretionary. Given the tenants’ bank deposits and absence of bad faith, striking off was unwarranted. The High Court’s revisional interference was unjustified; the trial court’s order was restored and the case remitted.

Ratio Decidendi

“First hearing” under O.15 R.5 is the application-of-mind stage, not the first date of appearance.
Striking off defence is a judicial discretion, guided by fairness and bona fides.
Revisional courts cannot supplant a proper discretionary order with their own view.

Why It Matters

Prevents technical knock-outs for minor lapses and insists on substantive justice. Clarifies timing for deposits and preserves trial judges’ discretion.

Key Takeaways

Count “first hearing” from issue-framing/trial, not from the summons date.
Striking off needs reasons; check intent, dispute, and prejudice.
Revision is narrow—only for jurisdictional errors/material irregularity.

Mnemonic + 3-Step Hook

Mnemonic: “HEAR = APPLY, NOT APPEAR.”

Locate the apply-mind stage (issues/evidence) = first hearing.
Assess intent and bona fides before striking defence.
Respect trial discretion; revision is not a re-trial.

IRAC Outline

Issue	Meaning of “first hearing” under O.15 R.5 CPC; whether striking off defence for non-deposit is mandatory.
Rule	First hearing = stage of judicial consideration; striking off = discretionary; S.115 revision is limited.
Application	Tenants showed good faith (bank deposits); trial court rightly exercised discretion; HC overreached in revision.
Conclusion	SC restored trial court’s order; defence not struck off; suits to continue on merits.

Glossary

First Hearing: The stage when the judge starts deciding—framing issues or recording evidence.
Order 15 Rule 5: Rule (as applicable in certain States) about tenant deposits and consequences of default.
Striking Off Defence: Penal step removing the tenant’s right to contest; used sparingly and with reasons.
Revisional Jurisdiction (S.115): High Court’s limited power to correct jurisdictional errors or material irregularities.