Law: Civil Procedure Code (V of 1908)

Section: O. VIII, r. 10 read with r. 9

(a) Civil Procedure Code (V of 1908), O. VIII, r. 10 read with r. 9-Failure to comply with direction for filing written statement under r. 1 or r. 9 .of O. VIII-0. VIII, r. 10 applicable.   Rule IO of Order VIII, Civil Procedure Code, 1908 is attracted if there is a failure to comply with the direction for filing a written statement under rule l or 9 of Order VIII.   Ghulam Muhammad v. Sahiban P L D 1957 Lah. 624 rel.   Rangaswami Udavan v. Manickam Pillai A I R 1918 Mad. 1163 ; Nagaratnam v. Kamalathammal A I R 1945 Mad. 299 ;   A. K. Moopan v. A. Karupana A I R 1928 Rang. 261 and Snagram Singh v. Election Tribunal, Kotah A I R 1955 S C 425 ref.   (b) Civil Procedure Code (V of 1908), S. 2 (9)-Action taken under O. VIII, r. 10-Order of Court not mentioning details of basis of plaintiffs claim-Order, held, "judgment" within meaning of S. 2 (9).   Sonabati Kumari v. Kirtyanand Singh A I R 1935 Pat. 306 and Nanhe v. Saiyad Tasadduq Husain 15 1 C 212 ref.   JUDGMENT   This appeal is directed against an order, dated' the 7th of November 1960, passed. by the Senior Civil Judge, Multan, by which he has pronounced judgment against the appellant under the provisions of Order VIII, rule 10, C. P. C. The suit against the appellant was filed on the 18th of May 1960 for recovery of Rs. 10,203-13-0. The parties requested for time for a compromise, but ultimately on the 31st of October 1960 it was stated that a compromise could not be reached, whereupon the Court directed the present appellant to file his written statement by the 7th of November, 1960. On that date, it was found that the appellant had not filed his written statement. The Court observing that no reasonable cause was shown for this failure on the part of the appellant, proceeded to pass a decree against him for the amount in suit.   Two points have been put forward on behalf of the appellant : (a) that Order VIII,rule 10 is relatable to rule 9 of that Order and not to rule 1, with the result that it had no application to the present case, where the written statement had to be filed for the first time ; and (b) that the order passed by the learned…