1983 Supreme(MP) 806

IN THE HIGH COURT OF MADHYA PRADESH
R.K. Vijaywargiya, J.
State of M. P. – Applicant
Versus
Ratanlal - Non-applicant
C.R. No. 671 of 1982 (I)
Decided On : 20-04-1983

Headnote:Civil Procedure Code, 1908 – O.8, R. 10 – provision under – is Obligatory – judgment not pronounced – case fixed for evidence – prayer made to file written statement – may be allowed.

        Short Note

       1. The plaintiff non – applicant filed the present suit for declaration that he was appointed as a Granthpal and that the fixation of his salary was not binding on him. The applicants did not file their written statement although several opportunities were given to them for that purpose. The trial Court therefore ordered that the suit will be proceeded with under Order 8, rule 10 CPC. Thereafter the defendants submitted an application that they may be allowed to file the written statement. The application has been dismissed by the trial Court. Aggrieved by the order passed by the trial Court the defendants have submitted this revision.

       2. It is true that the defendant did not file their written statement although time was taken by them for that purpose repeatedly, However, as the trial Court has not pronounced the judgment under Order 8, R. 10 CPC and has asked the plaintiff to lead evidence the trial Court ought to have allowed the defendant to file their written statement.

       3. If written statement is not filed as ordered by the trial Court, it is not obligatory on the trial Court to pronounce its judgment but the Court has discretion in the matter and the Court is empowered to make any order in relation to the suit as it thinks fit.

       4. In my opinion as evidence has not yet been commenced the trial Court ought to have allowed the defendant to file their written statement and should have imposed costs to compensate the plaintiff for the delay in filing the written statement. The order passed by the trial Court refusing the defendant's prayer to file the written statement therefore deserves to be set aside. 1977 (ii) MPWN 443= 1977 MPLJ 811 relied on. Revision allowed, subject of costs of Rs. 100/ – .