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Issues Involved:
1. Rights of a defendant whose defence has been struck out under Section 17(3) of the West Bengal Premises Tenancy Act, 1956. 2. Whether a defendant can cross-examine the plaintiff's witnesses and address arguments when their defence has been struck out. 3. Interpretation of analogous provisions and judicial precedents. Issue-Wise Detailed Analysis: 1. Rights of a defendant whose defence has been struck out under Section 17(3) of the West Bengal Premises Tenancy Act, 1956: The Supreme Court examined the implications of Section 17(3) of the West Bengal Premises Tenancy Act, 1956, which mandates that if a tenant fails to deposit or pay the required rent within the specified time, "the Court shall order the defence against delivery of possession to be struck out and shall proceed with the hearing of the suit." The Court noted that this provision is a penalty for non-compliance and should be interpreted strictly. 2. Whether a defendant can cross-examine the plaintiff's witnesses and address arguments when their defence has been struck out: The Court discussed whether a tenant whose defence has been struck out can still participate in the proceedings by cross-examining the plaintiff's witnesses and addressing arguments. The Court referred to various judicial precedents and principles, concluding that while the defendant cannot lead their own evidence, they should be allowed to cross-examine the plaintiff's witnesses and address arguments to demonstrate the weaknesses in the plaintiff's case. This right is subject to the court's discretion to ensure it does not prejudice the plaintiff. 3. Interpretation of analogous provisions and judicial precedents: The Court referred to several analogous provisions and judicial precedents to interpret the rights of a tenant whose defence has been struck out: - West Bengal Act XVII of 1950: The Court noted differences in language and implications between the 1950 Act and the 1956 Act. - Calcutta High Court Original Side Rules: The Court considered rules that allow a defendant who has not filed a written statement to cross-examine the plaintiff's witnesses and address the court. - Order 11 Rule 21 of the Code of Civil Procedure (C.P.C.): The Court referred to this rule, which allows a defendant whose defence is struck out to be placed in the same position as if they had not defended, but still permits cross-examination of the plaintiff's witnesses. - Judicial Precedents: The Court examined various decisions, including those from the Supreme Court and the Calcutta High Court, which supported the view that a defendant should be allowed to cross-examine the plaintiff's witnesses and address arguments even if their defence is struck out. Conclusion: The Supreme Court concluded that even when a tenant's defence is struck out under Section 17(3) of the West Bengal Premises Tenancy Act, 1956, the tenant should generally be entitled to: - (a) Cross-examine the plaintiff's witnesses. - (b) Address arguments based on the plaintiff's case. However, the tenant is not entitled to lead any evidence of their own, and the cross-examination should be limited to pointing out the falsity or weaknesses of the plaintiff's case. The Court emphasized that this right is subject to the court's discretion to ensure it does not cause prejudice to the plaintiff. The appeal was allowed, and the suit was restored before the trial Judge to proceed in accordance with the Supreme Court's conclusions. The costs of the appeal were directed to form part of the costs in the suit and abide by the result thereof.
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