S.R. Bannurmath, J.,

JUDGMENT

Though the matter is posted for admission, since the scope of enquiry is very limited, with the consent of both the learned Counsels, the same is taken up for disposal.

2. This is a defendant's appeal challenging the decree dated 14-7-2006 passed in O.S. No. 1421 of 2003 decreeing the suit of the respondent/plain tiff.

3. The respondent/plaintiff has filed a suit for recovery of a sum of Rs. 4,39,583/- along with interest. The Trial Court has decreed the suit only on the ground that the defendant has not filed his written statement in view of Order 8, Rule 5 of the Civil Procedure Code, 1908. It is to be noted that having regard to the provisions of Order 12, Rule 6, Order 5, Rule 8 and Order 8, Rule 10 of the Civil Procedure Code, 1908, the Court cannot act blindly even if written statement is not filed as observed by the Hon'ble Supreme Court in the case of Salem Advocate Bar Association, Tamil Nadu v Union of India J. The provisions of Order 8, Rule 5 of the CPC is a directory provision and not mandatory. In a case where written statement is not filed, the Court should be cautious in proceeding under Order 8 of the CPC before passing the judgment agains

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