Tenant's defence struck off

Querist : Anonymous (Querist) 12 January 2012 This query is : Resolved
Deal Experts,

The ARC in Delhi had struck off the defence of the tenant and now is adamant to continue with the cross examination of the petitioner by the tenant respondent.
Even showed him the correct law and the citation but he is adamant to continue with the same.
Under what provisions of law, an application is to be decided against the same or I have to approach the Hon'ble High Court for Writ.

Matter is of recovery of rent and the same had been accepted by the tenant that he is not paying and despite that the ARC is in favour of the tenant and giving him undue advantage as when an order under 15(1) was made the tenant didn't paid the arrears of rent and still the tenant is continuing with the tenancy.

ARC doesnt gives me even seconds to argue whereas he waits for the tenant for next dates.

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Devajyoti Barman (Expert) 12 January 2012
If the defence of the defendant is truck off then the defendant in no circumstances cross examine the plaintiff except on admitted fact.
You need not show any ruling.
If the court itself has struck off the defence , you need do nothing.
Let the defendant challenge the order in higher court and get it modified or set aside.

H. S. Thukral (Expert) 12 January 2012
cross examination of plaintiff can be allowed to the extent of checking the veracity of the plaintiff witnesses but cross examination can not be allowed so as to allow the defendant to present his own case. The discretion of the court shall be exercised so as not to prejudice the plaintiff.

Mr5.Barman has also said that cross examination can be allowed to check truthfulness of the admitted facts. I agree.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 January 2012
It seems the person is conducting case himself or not seen all the papers.

If defense advocate does home work properly you have still many miles to go.

Defense stuck off can be restored by paying costs or after going in revision.

Court can grant time till final hearing for payment of due rent.

Raj Kumar Makkad (Expert) 12 January 2012
I have common opinion as of all 3 opined above.

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