Law:

Section:

Civil Procedure Code (V of 1908)---O. VIII, R. 10---Defendant failing to file written statement---Principles---Court passing decree in favour of plaintiff by relying on facts in the plaint---Legality---Court should require plaintiff to prove facts stated in his plaint before passing such decree---Plaintiff (appellant) filed suit for partition of property---Defendants (respondents) failed to file written statements and consequently Trial Court directed plaintiff to lead evidence---Plaintiff filed his evidence by way of affidavit along with certain documents---Plaintiff was not cross-examined by the defendants---Trial Court decreed the suit in favour of the plaintiff on the basis of his pleadings and ex parte evidence adduced by him---High Court set aside the decree, remanded the matter to Trial Court for retrial and allowed defendants to file written statements and produce documents---Validity---Plaintiff had sought to prove his case that the suit property was a joint family property only on the strength of affidavit which he had filed and had failed to lead any oral or documentary evidence to establish that the property was joint in nature---Even if the case of the plaintiff was correct, it was of vital importance for the Trial Court to scrutinize the plaintiff's case by directing him to lead some documentary evidence worthy of credence that the property sought to be partitioned was joint in nature, but the Trial Court seemed to have relied upon the case of the plaintiff by merely placing reliance on the affidavit filed by him---Reliance placed on the said affidavit in a blindfold manner by the Trial Court merely on the ground that the defendants had failed to file written statements would amount to punitive treatment of the suit and the resultant decree would amount to decree which was penal in nature---Case where written statement had not been filed, the court should be cautious in proceeding under Order VIII, Rule 10, C.P.C. and before passing a , it must ensure that even if the facts set out in the plaint were treated to have been admitted, a and decree could not possibly be passed without requiring plaintiff to prove the fact pleaded in the plaint---Only…

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