Law:

Section:

Civil Procedure Code (V of 1908)-------0. VIII. R.10 & O. XLIII. R.1---Joint written statement of more than one defendants---Trial Court directing defendants to file joint written statement---Failure to comply with such direction of Trial Court ---Effect--­All the defendants had an individual right to defend the suit personally or through an agent or a counsel---Defendants could have conflicting interests and right to defend a suit was a valuable right---If defendants were called upon to, submit a joint written statement any of the defendants could be prejudiced in his defence---No provision or principle of law could be invoked to compel the defendants to file a joint written statement---Judgment and decree passed by the Trial Court under O.VII1, R.10, C.P.C. for not filing a joint written statement by the defendants was set aside. JUDGMENT This is an appeal by the defendants against whom judgment has been pronounced under Order VIII, Rule 10 of the Code of Civil Procedure in the suit for specific performance filed by the respondent. 2. Based on the agreement to sell dated 5-6-1984, in respect of the property in dispute, which is house, the respondent filed the suit on 16-3-1987 initially against appellant No.l, the vendor. She filed written statement on 27-4-1987 and took up the position that she had already sold the house to appellant No.2. On the application of the respondent, appellant No.2 was also impleaded to the suit as defendant No.2 but described as Hamida Bano instead of Waheeda Bano. The respondent sought correction of the description of respondent No.2 which was allowed and amended plaint was filed by the respondent. On 5-9-1989, appellant No.2 filed written statement to the amended plaint. 3. On 5-9-1989, the learned counsel for the appellants made 'a statement before the learned trial Court that he relied on the written statement already filed on behalf of appellant No. 1. 4. After some proceedings, the learned trial Court on 25-2-1990, passed the following order: 5. Although this order did not specifically direct that the two appellants should file a joint written statement, yet the learned trial Court meant it. However, on 10-3-1990…

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