Civil Procedure Code, 1908, Order 8, Rule 10 -- Non-filing of written statement - Merely because a party did not lead evidence or merely because party did not file a written statement, proceeding are not to be decreed automatically - There has to be finding and an application of mind by trial Court as to whether party despite not filing her written statement nor leading..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Pronouncement of judgment - Suit was lying dismissed in default for 4-1/2 years - Defendant cannot be blamed for this period of delay in disposal of suit - Moreover, defendant already filed written statement and same cannot be ignored - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Mere failure or neglect of a defendant to file written statement, in all cases, may not entitle him to a judgment in his favour unless by adducing evidence he proves his case/claim...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Filed by one out of several defendants denying plaint averments - Plaintiffs claim be proved by evidence, oral and documentary, instead of decreeing suit against one of defendants in most slipshod manner...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Judgment pronounced U.O.8.R.10 CPC should indicate that Court has applied its mind to the merits of the case - It is duty of Court to consider case of plaintiff on merits after giving him opportunity to adduce his evidence and judgment..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Plaint and allegations contained therein do not constitute any evidence on the basis of which Court can act - It is necessary to record evidence of plaintiff - Court is not entitled to act on the allegations of plaint and it must act on the proved..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree passed U.O.8.R.10 CPC for non filing of written statement within prescribed time - Not a case covered U.O.9.R.13 CPC - Court has no jurisdiction to set aside ex parte decree in a case which does not fall within four corners of O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Dismissal of application U.O.8.R.10 CPC - Where defendant has been permitted to join the proceedings by setting aside ex-parte order U.O.9.R.7 CPC, then it is necessary for defendant to file written statement so as to effectively defend the proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Divorce proceedings - Written statement filed by wife was accepted by Court below - Time lapsed between date when application u/s 24 of Hindu Marriage Act was allowed and date on which written statement was filed should be taken which is only 67 days, it cannot be said that there..........
