Law: Civil Procedure Code (V of 1908)

Section: 10 , 1 , 9

  Civil Procedure Code (V of 1908)-- ---O.VIII, Rr.10, 1 & 9 [as applicable to Azad Jammu and Kashmir]---Written statement---Word "so" occurring in O.VIII, R.10, C.P.C. refers to provisions of O.VIII, Rr.1 & 9, C.P.C.---Scheme of law postulated under Rr.1 & 10 of O.VIII, C.P.C. is to be construed conjunctively ---Defendant as a matter of right, may file written statement on the first hearing or on the subsequent date---When defendant is directed by the Court to furnish written statement and specific time is fixed by the Court then he is under obligation to present the written statement otherwise he has to face the consequences as contemplated under O.VIII, R.10, C.P.C: -Defendant who fails to present the written statement when so required by the Court, the Court is vested with discretion to pronounce the judgment against him---Satisfaction of Court to pronounce judgment against defendant-- Factors---Discretion of Court to condone omission of defendant. Where any party from whom a written statement is also required, fails to present the same within the time fixed by the Court, the Court may pronounce the judgment against him, or make such order in relation to the suit as it thinks fit. The operative part of the Rule empowers the Court to pronounce the judgment against the defendant when he fails to present his written statement as directed by the Court. The word 'so', refers to provisions of Rules 1 and 9. Rule 1 provides that the defendant may axed if so required by the Court, shall, at or before the first hearing or within such time as the Court may permit, present a written statement of his defence. Thus, a defendant, as a matter of right, may file written statement on the first hearing or on the subsequent date. In case the defendant is directed by the Court to furnish written statement and specific time is fixed by the Court, then he is under obligation to present the written statement otherwise he has to face the consequences as contemplated under Rule 10. The next situation warranting for filing the written statement is controlled by the provisions of Rule 9. Under Rule 9, the defendant has to present his written…