Case Note & Summary
The petitioner, Sri Raja R, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 22.02.2022 passed by the XXVIII Additional City Civil Judge, Mayo Hall, Bangalore (trial court) in O.S. No. 25826/2021. The suit was filed by the petitioner seeking a declaration that a document titled 'cancellation of gift deed' dated 29.10.2018, registered in the office of the Sub-Registrar, Banasawadi, Bengaluru, executed between defendant No.1 and the deceased father of the plaintiff and the defendants, was null and void, illegal, and not binding, along with consequential relief. The trial court, by the impugned order, decreed the suit under Order VIII Rule 10 of the Code of Civil Procedure, 1908 (CPC) on the ground that the defendant No.1 (respondent No.1 herein) failed to file a written statement within the prescribed time. The petitioner contended that the trial court erred in passing the decree mechanically without considering the merits of the case and without granting an opportunity to the defendant to file a written statement. The High Court, after hearing the counsel for the petitioner and the respondents, held that the trial court's order was unsustainable. The court observed that Order VIII Rule 10 CPC gives discretion to the court to either pronounce judgment or make such other order as it thinks fit, and that a decree cannot be passed automatically on failure to file a written statement. The court further noted that the time limit under Order VIII Rule 1 CPC is directory and not mandatory, and the court has the power to extend time in exceptional circumstances. The High Court set aside the impugned order and directed the trial court to permit the defendant No.1 to file a written statement within a specified period and thereafter proceed with the suit in accordance with law. The writ petition was allowed.
Headnote
A) Civil Procedure - Order VIII Rule 10 CPC - Failure to File Written Statement - Discretion of Court - The trial court passed a decree under Order VIII Rule 10 CPC solely because the defendant failed to file a written statement within 90 days. The High Court held that the court has discretion to either pronounce judgment or make such other order as it thinks fit, and that a decree cannot be passed mechanically without considering the merits. The court must apply its mind and may grant an opportunity to file a written statement in the interest of justice. (Paras 4-6) B) Civil Procedure - Order VIII Rule 1 CPC - Time Limit for Filing Written Statement - The time limit of 90 days under Order VIII Rule 1 CPC is directory and not mandatory. The court has the power to extend the time for filing a written statement in exceptional circumstances. The trial court ought to have considered the request of the defendant to file a written statement instead of passing a decree. (Paras 4-6) C) Civil Procedure - Order VIII Rule 5 CPC - Admission - Failure to file written statement does not amount to admission of all allegations. The court must still examine the plaint and determine if the plaintiff is entitled to relief. The trial court failed to do so and passed a decree without any application of mind. (Paras 4-6)
Issue of Consideration
Whether the trial court was justified in passing a decree under Order VIII Rule 10 of the Code of Civil Procedure, 1908, solely on the ground that the defendant failed to file a written statement within the prescribed time, without considering the merits of the case or granting an opportunity to file a written statement.
Final Decision
The High Court allowed the writ petition, set aside the order dated 22.02.2022 passed by the trial court in O.S. No. 25826/2021, and directed the trial court to permit the defendant No.1 to file a written statement within a specified period and thereafter proceed with the suit in accordance with law.
Law Points
- Order VIII Rule 10 CPC
- Order VIII Rule 1 CPC
- Order VIII Rule 5 CPC
- discretion of court
- failure to file written statement
- automatic decree
- opportunity to defend
- principles of natural justice
