Order 8 Rule 10 of the Code of Civil Procedure (CPC) allows the court to pass a judgment against a defendant who fails to file a written statement within the prescribed time. The rule provides the court with discretion to either pronounce judgment against the defendant or make any other order it deems fit in relation to the suit. Key Provisions
Additional Written Statement under Order 8 Rule 9 of CPC Order 8 Rule 9 of the Civil Procedure Code, which was omitted by the CPC (Amendment) Act, 1999, has been reinstated by the CPC (Amendment) Act, 2002.
Introduction A written statement ordinarily means a reply to the plaint filed by the plaintiff. It is the pleading of the defendant. Order 8 of the Code of Civil Procedure, 1908 (CPC) contains provisions in relation to written statement. Written Statement Rule 1 of Order 8 deals with written statement. It states that - The Defendant shall, within thirty days from the date of service of summons ...
Order VIII Rule 10 Code of Civil Procedure 1908 - Procedure when party fails to present written statement called for by Court. order 8 rule 10 of CPC
In a case, specially where a written statement has not been filed by the defendant, the court should be a little cautious in proceeding under Order 8 Rule 10 CPC.
Rule 1-A: Duty of defendant to produce documents upon which relief is claimed or relied upon by him.— (1) Where the defendant bases his defence upon a document or relies upon any document in his possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such document in a list, and shall produce it in Court when the written statement is presented by ...
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 ...
In this article, we will discuss the Written statement, its meaning, its particulars and who may file and what is the time limit for filing a written statement. And at what time of point the time limit will consider started etc. And we also consider the drafting of the written statement, means in what manner a written statement should be drafted. Let’s begin.
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.
Rule 10 contemplates two contingencies, namely (I) where a party from whom a written statement is required under Rule 1 fails to present the same within the time permitted by the Court; and (2) where a party from whom a written statement is required under Rule 9, CPC fails to present the same within the time fixed by the Court.
If the denial is evasive the fact shall be taken to be admitted. Whether a written statement can be amended: As per the requirement to Order 6, Rule 17 of the CPC provides the trial of the Suit has not commenced. The Court can allow an amendment of the written statement at any stage of the proceedings.
In Indian civil litigation, the written statement is a crucial document where the defendant responds to the plaintiff's allegations. Order VIII of the Code of Civil Procedure (CPC) outlines the procedures and requirements for filing a written statement. Understanding these provisions is essential for law students and legal practitioners.
Order 8 - Written statement, set-off and counter-claim, Code of Civil Procedure, 1908 (CPC)
The Court explained that Order 8 Rule 10 provided two alternatives- either to pronounce judgment against the defendant defaulting to file the written statement or to pass such other order as ...
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. 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 court stressed that evidence must be presented to establish the plaintiff's claims. In conclusion, the court clarified that Rule 10 of Order 8 in the CPC does not impose a mandatory obligation on the court to pass a judgment in favor of the plaintiff solely due to the defendant's failure to file a written statement.
This is also the position under Order 8 Rule 10 CPC where the Court can either pronounce judgment against the defendant or pass such order as it may think fit. In a situation where no Written Statement has been filed by the defendant, the Court should be a little cautious in proceeding under Order 8 Rule 10 CPC.
The rule had been inserted to expedite the process of justice. If the defendant fails to pursue his case or does so in a lackadaisical manner by not filing written statement, the Court should invoke provisions of Order 8 Rule 10 CPC and decree such cases.
