what happens when  the defendant fails to file a written statement  within the prescribed time ?

While invoking  the jurisdiction of the Court under Order 8 Rule 10  where the defendant fails to file a written statement  within the prescribed time  in response to a suit  . In such cases the court calls upon the plaintiff  to file its affidavit in evidence . Reliance is placed upon two Judgments of the Hon’ble Supreme Court wherein in the case of  Balraj Taneja and Anr. vs. Sunil Madan and Anr (Civil Appeal No. 4968 of 1999, decided on 08.09.1999,the Hon’ble Court while deciding the matter has dealt with the provisions of  Order VIII Rule 5 and Order VIII Rule 10 of the CPC.  It has also held that  the Court can proceed to decree a suit on the basis of the averments contained in a plaint. It has also been seen that the word  “shall” appearing in  Order VIII Rule 10 of the CPC empowers  the Court to “make such order in relation to the suit as it thinks fit”.

Important Judgments relied upon -Order 8 Rule 10 CPC

Balraj Taneja and Anr. vs. Sunil Madan and Anr (Civil Appeal No. 4968 of 1999,
C.N.Ramappa Gowda vs C.C.Chaqndergowda (D) By Lrs.& … on 23 April, 2012

In C.N.Ramappa Gowda vs C.C.Chaqndergowda (D) By Lrs.& … on 23 April, 2012 ,the Hon’ble Supreme court  , before  going ahead and proceeding to decree the suit under Order 8 Rule 10 CPC, has laid emphasis on filing an  affidavit-in-evidence.

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