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Delhi Development Authority Vs. New Friends Co-operative House Building Society - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtDelhi High Court
Decided On
Case NumberCriminal Appeal No. 131 of 1984
Judge
Reported inAIR1986Delhi390; 28(1985)DLT203; 1985RLR336
ActsCode of Civil Procedure (CPC), 1908 - Order 8, Rule 1
AppellantDelhi Development Authority
RespondentNew Friends Co-operative House Building Society
Advocates: K.R. Gupta,; Deepak Kumar and; S.M. Grover, Advs
Excerpt:
in the instant case a suit was adjourned for filing written statement as copy of plaint was not supplied - the written statement was not filed as it could not be finalized - the trial court declined to grant time and struck down defense of the petitioner as no sufficient cause was shown - it was held that the trail court instead of acting under section 148 or order 8 rule 1 (1) of the civil procedure code, 1908, illegally acted under order 17 rule 1 of the code - since the suit was filed for filling written statement and not for hearing of suit, the order was to be set aside. - order8 rule 10-procedure when party fails to present written statement called for by court :-where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the court, as the case may be, the court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment, a decree shall be drawn up.' '
Judgment:
ORDER

8 Rule 10-Procedure when party fails to present written statement called for by court :-Where any party from whom a written statement is required under Rule 1 or rule 9 fails to present the same within the time permitted or fixed by the court, as the case may be, the court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment, a decree shall be drawn up.'

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