Law: Civil Procedure Code (V of 1908)

Section: S.148,O.VII,VIII,R.1,2,9,10

(a) Civil Procedure Code (V of 1908)--- ----O. VII, R. 2 & O. VIII, Rr. 1 & 10 & S. 148---Money suit---Non-filing of written statement in stipulated period---Striking off defence---Enlargement of time---Defendants did not file written statement within thirty days---Plaintiff moved application for striking off defence but same was dismissed---Validity---Period of thirty days for filing written statement had been provided but Court had discretion to enlarge the time according to circumstances of each case---Provisions of O. VIII, R. 1, C.P.C. were directory in nature and not mandatory---Time provided for filing written statement was not absolute and Court had discretion to grant more time if it was satisfied that the explanation offered by the defendant was reasonable---If Court had directed the defendant to file written statement and same was not filed within the period fixed by the Court then defence could be struck off and could be passed against the defendant---Trial Court, in the present case had exercised its discretion on sufficient cause by giving defendants permission to file the written statement---Penal consequences provided in O. VIII, R. 10, C.P.C. were only available when Court had directed the defendant to file written statement by a speaking order---Simple permission by the Court and adjournment to file written statement would not be a ground to strike off the defence of defendant---Court should pass a speaking order with a direction to the defendant to file written statement and if direction was not complied with then defence should be struck off---Power to announce did not imply decreeing the suit ipse dexit without calling for proof---Said power was discretionary in nature and if suit was suffering from any legal infirmity then same could not be decreed---Court could direct the plaintiff to produce evidence in support of his claim though written statement had not been filed---Court in appropriate cases could pronounce at once against the defendant by striking off his defence without recording any evidence in the light of material evidence on file---No more than two adjournments were to be granted for presenting written…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492