12. Rules 20, 22, 23, 24 and 25 of Order VII shall apply, so far as may be, addressed for service, filed under the preceding rule." [Vide Amended by Uttar Pradesh Gazette, Ft. II, dated 17th December, 1970.] Bombay.-In Order VIII, after rule 10, insert the following rules, namely:-"11. (1) (a) Parties to fix addresses.-
Order 8, Rule 10 CPC. 10. Procedure when party fails to present written statement called for by Court. Where any party from whom a written statement is required under rule 1 or 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit and on the ...
According to Court, Rule 10, Order 8 of CPC is permissive in nature granting two options to the court, and if in every case a judgment is pronounced against a person in response to non-submission ...
Source: Supreme Court Why in News? Justices BR Gavai, Dipankar Datta and Aravind Kumar gave observation with regards to Order 8 Rule 10 of the Code of Civil Procedure, 1908 (CPC).. The Supreme Court gave this judgment in the case of Asma Lateef & Anr. v. Shabbir Ahmad & Ors.; What is the Background of Asma Lateef & Anr. v. Shabbir Ahmad & Ors. Case? The suit was related to a property gifted to ...
The provisions of Order 8 Rule 10 of the CPC provide a framework for the court''s discretion in allowing late filings of written statements. While the courts have the authority to close the right to file based on non-compliance, they also retain the discretion to allow extensions in cases of exceptional hardship. Legal representatives should ...
Civil Procedure Code, 1908 (CPC) – Order 8 Rule 10 – Failure to file written statement – Provision of Rule 10 of Order VIII, CPC is by no means mandatory in the sense that a court has no alternative but to pass a judgment in favour of the plaintiff – Since facts are required to be pleaded in a plaint and not the evidence, which can be adduced in course of examination of witnesses, mere ...
Code of Civil Procedure (CPC) Order VIII Rule 7 CPC Defence or set-off founded upon separate grounds. Order VIII Rule 8 CPC New ground of defence. Order VIII Rule 9 CPC Subsequent pleadings. Order VIII Rule 10 CPC Procedure when party fails to present written statement called for by Court
Order XVIII of the Civil Procedure Code, 1908 (CPC) outlines the legal provisions governing the recording of evidence in court proceedings as per the Code of Civil Procedure. ... Rule 10 . The Court may, on its own initiative or at the request of any party or their pleader, record specific questions, answers, or objections to questions if there ...
The Court referred to the said Balraj Case to examine the scope of Rule 10 of Order VIII. Therein, the Court had ruled that a court is not supposed to pass a mechanical judgment invoking Rule 10 of Order VIII, CPC merely on the basis of the plaint, upon the failure of a defendant to file a written statement.
Order 8 of the Civil Procedure Code provides guidelines on Defendant’s Written Statement and Setoff. Basically, a written statement is the written answer in which the defendant presents its facts and arguments to accept or reject the plaintiff’s claim. ... Rule 10. Procedure when party fails to present written statement called for by Court.
Nankhu (2005), the Supreme Court held that the proviso to Rule 1 of Order 8 of CPC is directory and permissive and not mandatory and imperative. In Salem Advocate Bar Assn. V. Union of India (2005), the Supreme Court clarified that under Rule 10 of CPC, the court has wide powers to ‘make such order in relation to the suit as it thinks fit.’
KEY TAKEAWAYS Civil Procedure Code 1908 lays down the procedure which governs the civil function of the court. Order VIII of CPC specifically talks about what are written statements, counterclaims and setoff. ... Rule 10 Order VIII of Code of Civil Procedure 1908 “procedure to be followed when the party is unable to deliver the written ...
(a) Order X, Rule 8 CPC (b) Order VIII, Rule 10 CPC (c) Order XVIII, Rule 8 CPC (d) Order XVIII, Rule 10 CPC. Ans. (b) If the defendant fails to file written statement (a) the court would hear the suit ex-parte (b) the court may pass judgment against him (c) the court shall issue notice (d) none of the above. Ans. (b) Download PDF
10 [11 [Provided further that] no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written statement.] _____ 1. Rule 1 substituted by Act 46 of 1999, section 18 and again substituted by the Act 22 of 2002, section 9 (w.e.f. 1-7-2002). 2. Inserted by Act 46 of 1999, section 18(ii) (w.e.f. 1-7 ...
The plaintiff filed an application under Order 8 Rule 10 CPC. The Court referred to its earlier decision which discussed the scope of Order 8 Rule 10 CPC in commercial suits particularly under the new Commercial Courts, Commercial Division and Commercial Appellate Division of the High Court Act, 2015. The rule had been inserted to expedite the ...
Both under Order 8, Rule 10 CPC and on the invocation of Order 9 CPC, the Court is nevertheless duty bound to diligently ensure that the plaint stands proved and the prayers therein are worthy of being granted”. 1. M/s. Kuvarp Industries Vs. State Bank of Mysore, ILR 1984 Kar 1086 : AIR 1985 Kar 77 2. Maya Devi Vs.
These rules are crucial for ensuring a fair and efficient judicial process. In this article, we delve into the general rules of Order 8 CPC, providing insights into its key provisions and their implications for litigants. 1. Pleadings to be Written. Order 8 CPC mandates that all pleadings, including statements of claim and defense, must be in ...
Section 151 of the CPC lays down the inherent powers of the court. As per this Section, no provision in the Code acts as a restriction on the power of the court to issue an order in the interest of justice or for the purpose of preventing the abuse of the power of the court. This Section acts as a limitation to Order VIII Rule 10 of the Code.
