Order 8 Rule 10 of Code of Civil Procedure, 1908 : Supreme Court Explains the Legal Aspect

Order 8 Rule 10 of Code of Civil Procedure, 1908 : Supreme Court Explains the Legal Aspect

Supreme Court has pronounced an important Judgment on 23 April 2012.

It has been commented in C.N Ramappa Gowda v. C.C. Chandregowda [2012] GCtR 3152 (SC) thus : - 

"In a case where written statement has not been filed, the Court should be a little more cautious in proceeding under  Order 8 Rule 10 CPC and before passing a judgement, it must ensure that even if the facts set out in the plaint are treated to have been admitted, a judgement and decree could not possibly be passed without requiring him to prove the fact pleaded in the plaint. It is only when the Court for recorded reasons is fully satisfied that there is no fact which needs to be proved at the instance of the plaintiff in view of the deemed admission by the defendant, the Court can conveniently pass a judgement and decree against the defendant who has not filed the written statement. But, if the plaint itself indicates that there are disputed questions of fact involved in the case arising from the plaint itself giving rise to two versions, it would not be safe for the Court to record an ex-parte judgement without directing the plaintiff to prove the facts so as to settle the factual controversy. In that event, the ex-parte judgement although may appear to have decided the suit expeditiously, it ultimately gives rise to several layers of appeal after appeal which ultimately compounds the delay in finally disposing of the suit giving rise to multiplicity of proceeding which hardly promotes the cause of speedy trial."

"If the Court is clearly of the view that the plaintiffs case even without any evidence is prima facie unimpeachable and the defendant's approach is clearly a dilatory tactic to delay the passing of a decree, it would be justified in appropriate cases to pass even an uncontested decree. What would be the nature of such a case ultimately will B have to be left to the wisdom and just exercise of discretion by the trial court who is seized of the trial of the suit." 

Written by 

Vishal

Delhi

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