Rule 5 of Order XV C.P.C.

In a civil suit against the tenant for eviction and recovery of arrears of rent this Order XV Rule 5 of the Civil procedure code, 1908 comes into the picture as a penalty by striking off the defence of the tenant at the beginning stage but before making an order for striking off the defence, the Court may consider any representation made by the defendant on that behalf provided such representation is made within 10 days of the first hearing or of the expiry of the week.

The tenant has to submit the "entire amount admitted by him" to be due together with interest thereon at the rate of nine percent per annum at or before the first hearing of the suit and shall throughout the continuation of the suit regularly deposit the monthly amount due within a week from the date of its accrual in the honorable court.

The first hearing means the date for filing the written statement for the hearing mentioned in the summons or where more than one of such dates is mentioned, the last of the dates mentioned is considered.

To save the tenant's interest in the civil suit of eviction and recovery of arrears of rent, compliance with this legal formality is mandatory and failure to do so will lead to serious consequences.