Order 8 CPC Description. Order VIII WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM 1[WRITTEN STATEMENT, SET-OF AND COUNTER-CLAIM] 1. Subs, by Act No. 104 of 1976, for the former heading (w.e.f. 1-2-1977). 1[1. Written statement. The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his ...
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 ...
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.’
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 ...
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.
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 ...
Rep. by the Arbitration Act, 1940 (10 of 1940), s. 49 (1) and the Third Sch. Order; Appendix; Forms; Schedule 3. THE THIRD SCHEDULE. [Execution of Decrees by Collectors.] Rep by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. ... No order under section 47 to be reversed or modified unless decision of the case is prejudicially ...
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 ...
(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
In written statement defendant can specifically deny the allegations made in the plaint by the plaintiff against him. Besides this, he also can claim to set-off any sums of money payable by the plaintiff to him as a counter defence (Order 8 Rule 6). Further, if the defendant has any claim against the plaintiff relating to any matter in the issue raised in the plaint, then he can separately ...
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. ... Order 8 of CPC covers the procedural aspect in filing the documents from the defendants or the respondent’s side. The necessary ...
Key points of CPC Order 8: Written statement: Under Order 8, the defendant has the option to admit or reject the plaintiff’s claim and provide necessary evidence. The answer should be short, clear and focused on the main points of the case. If the defendant does not file an answer within the limited time, then the court has the option to ...
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.
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 ...
CPC Section 8. Presidency small cause courts. CPC Part 1 - Suits in general 24 CPC Section 9. Courts to try all civil suits unless barred. CPC Section 10. Stay of suit. CPC Section 11. Res judicata. CPC Section 12. Bar to further suit. CPC Section 13. When foreign judgment not conclusive. CPC Section 14. Presumption as to foreign judgments. CPC ...
In conclusion, Order 8 of the Civil Procedure Code lays down fundamental rules governing the drafting and filing of pleadings in civil cases. Compliance with these rules is essential for ensuring procedural fairness, clarity, and efficiency in the administration of justice. By understanding and adhering to the general rules of Order 8 CPC ...
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.
Order 8 Rule 5 Clause 2 and Order 8 Rule 10 serve different purposes in the CPC. Rule 5(2) provides a mechanism for the court to consider the merits of the case while allowing for discretion regarding the proof of facts, whereas Rule 10 enforces a stricter consequence for the defendant''s failure to comply with procedural requirements.
