Rule 10 of CPC : Rule 10: Procedure when party fails to present written statement called for by Court.

Explanation using Example

Example 1:

Scenario: Ramesh files a civil suit against Suresh for breach of contract in a district court in Mumbai. The court issues a notice to Suresh to present a written statement (his defense) within 30 days as per Rule 1 of Order VIII.

Application of Rule 10:

• Suresh fails to submit his written statement within the 30-day period and does not request an extension.
• The court, as per Rule 10, decides to pronounce judgment against Suresh due to his failure to present the written statement.
• The court rules in favor of Ramesh and issues a decree for damages to be paid by Suresh.

Example 2:

Scenario: Priya files a lawsuit against her neighbor, Anil, for encroachment on her property in a civil court in Delhi. The court asks Anil to submit a written statement within 45 days as per Rule 9 of Order VIII.

Application of Rule 10:

• Anil submits a request for an extension of time to file his written statement, but the court denies the request as per the proviso under Rule 10.
• Anil still fails to submit the written statement within the original 45-day period.
• The court, exercising its discretion under Rule 10, decides to make an order to pr...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.