AI Overview...
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Order VIII Rule 5 - Non-appearance of the respondent
The rule emphasizes that if a defendant or respondent does not appear or fails to file a written statement within the stipulated time, the court may proceed ex parte or accept the plaintiff's case, provided the plaintiff has proved the necessary facts. The court must give due regard to Order VIII Rule 5 when dealing with non-appearance or non-filing of pleadings, ensuring procedural fairness. Tanushree Roy VS Prasenjit Roy @ Hang - Calcutta, Muddasani Venkata Narsaiah (D) Th. Lrs. VS Muddasani Sarojana - Supreme Court -
Application and procedural implications
Courts have held that failure to file a written statement under Order VIII Rule 5 can lead to judgments based on the pleadings and evidence presented, but the rule also allows for setting aside ex parte judgments if proper application is made under Order VIII Rule 10. The rule underscores the importance of timely and specific pleadings, and that denial of knowledge does not constitute a proper denial unless specifically pleaded. Tanushree Roy VS Prasenjit Roy @ Hang - Calcutta, Muddasani Venkata Narsaiah (D) Th. Lrs. VS Muddasani Sarojana - Supreme Court, Vijay Kumar Dalmia VS Ultra Tech Cement Ltd. - Calcutta -
Relation with other procedural rules
Order VIII Rule 5 interacts with other rules such as Rule 3 (which deals with the filing of written statements), Rule 10 (setting aside ex parte judgments), and Rule 11 (condonation of delay). The rule's application is also considered in context with provisions like Order VIII Rule 10 for setting aside ex parte decrees, and the necessity of proper service and pleadings for effective adjudication. Tanushree Roy VS Prasenjit Roy @ Hang - Calcutta, Harish Bhardwaj vs Mehsar Jahan - Delhi, NARDEO SINGH VS MAHABIR SINGH - Allahabad -
Legal principles and judicial insights
The courts have reiterated that procedural rules like Order VIII Rule 5 serve as safeguards to ensure fair trial and proper adjudication. Denial of knowledge must be specifically pleaded; mere non-appearance does not absolve a party from the consequences of non-compliance. Procedural lapses can be remedied by applications under Rule 10 or Rule 6, but neglecting to file pleadings within time can lead to adverse judgments. Muddasani Venkata Narsaiah (D) Th. Lrs. VS Muddasani Sarojana - Supreme Court, Vijay Kumar Dalmia VS Ultra Tech Cement Ltd. - Calcutta, NARDEO SINGH VS MAHABIR SINGH - Allahabad
Analysis and Conclusion
Order VIII Rule 5 of the Civil Procedure Code is a crucial procedural provision that governs the consequences of non-appearance or failure to file a written statement by a defendant. It facilitates the progression of cases when parties default but also emphasizes the need for proper pleadings and timely responses. Courts consistently uphold the importance of strict adherence to procedural rules to balance fairness and efficiency in civil litigation. Proper understanding and application of Rule 5, along with related rules like Rule 10, are essential for ensuring justice and procedural integrity.
Search Results for "Order Viii Rule 5 Civil Procedure 15"
2024 0 Supreme(Cal) 1498 • India - Calcutta
SOUMEN SEN, PARTHA SARATHI SEN
(Paras 5, 11, 12, 15) (B) Civil Procedure Code - Order VIII Rule 5 - Non-appearance of the respondent - The ... The trial court under such circumstances should have given due regard to the provisions of Order VIII Rule 5 of the Code of Civil Procedure. ... The present appeal is now taken up for passing appropriate order. 5. In this appeal the order dated 18.05.2....
2013 0 Supreme(Cal) 819 • India - Calcutta
GIRISH CHANDRA GUPTA, DIPANKAR DATTA
12(5) - CERTIFIED STANDING ORDERS - PARAGRAPHS 14(2), 15 - CODE OF CIVIL PROCEDURE - ORDER XVIII RULE 4 - ORDER VIII RULES 3 TO ... 5. ... The Director of Transport was required to conduct an enquiry under paragraph 15 of the Certified Standing Orders before terminating ... Provisions contained in Rules 3 to 5 of Order VIII of the CPC are not applicable to domestic enquiries. ... The said #HL_STAR....
1992 0 Supreme(Cal) 167 • India - Calcutta
BHAGABATI PRASAD BANERJEE, ABANI MOHAN SINHA
PATENT, 1915 - CLAUSE 15 - APPELLATE SIDE RULES - CHAPTER VIII - WRITS RULES, 1986 - RULE 48 - CIVIL PROCEDURE CODE, 1908 - SECTION ... The appellant contended that Clause 15 of the Letters Patent, Chapter VIII of the Appellate Side Rules, and Rule 48 of the Writs ... The court further held that the provisions of Clause 15 of the Letters Patent, Chapter VIII of the Appellate Side Rules, and Rule ... ... Rule 3 of ....
2006 0 Supreme(All) 1212 • India - Allahabad
V.C.MISRA
, 8, 15, Order VIII, Rules 2, 3, 5(1) and 9, Order XIV, Rules 1, 3, 5, Order XLI, Rule 2—Evidence Act, 1872—Sections 3, 4, 17, 23 ... performance of contract, on basis of an unregistered agreement for sale against original tenure-holder (defendant 1-appellant)—Civil ... Specific Relief Act, 1963—Sections 16, 16-C and 20(4)—Civil Procedure Code, 1908—Sections 96, 100, 101, 103, Order VI, Rules 1, 2 ... Ord....
2009 0 Supreme(All) 106 • India - Allahabad
SANJAY MISRA
The court also considered the provisions of Order VIII Rule 5 of the Code of Civil Procedure and the requirement of proof for the ... Fact of the Case: The case involved a property dispute and a family settlement dated 15. 5. 1952. ... Issues: The main issues revolved around the family settlement dated 15. 5. 1952 and its registration requirement, as well ... CJ. 1775 on the argument raised in view of Order VIII....
2020 0 Supreme(Bom) 690 • India - Bombay
N.J.JAMADAR
Civil Procedure Code, 1908 - section 151 - Order VIII Rule 10, 5 and Order IX Rule 13 - Rule 90 - Commercial ... Courts Act, 2015 - section 15(4) - Execution of the decree - Service of the summons - Notice of motion - This notice of motion is ... undefended suits is therefore without legal sanction - Post transfer to a Commercial Division by force of provisions of Section 15 ... Thus, an application under Order IX ....
2002 0 Supreme(Ker) 641 • India - Kerala
K.PADMANABHAN NAIR
Civil Procedure Code 1908 – Order V, Rule 1, Order VIII, Rule 1, Order IX, Rule 6, 7, Section 32, 15, 18 ... , 9 – Transfer of Property Act – Section 2(d), 5, 100 – Written statement – Impugned order – Illegal – Unsustainable – Adjourned ... That order is under challenge in this Civil Revision Petition – Held, It is quite possible that because of heavy pendency in many ... But, O....
2023 0 Supreme(Cal) 1570 • India - Calcutta
AJOY KUMAR MUKHERJEE
(A) Code of Civil Procedure - Order VIII, Rule 1, Order IX & res judicata - Acceptance of written statement beyond statutory period ... (Paras 5, 10, 15, 17). ... ... ... (B) Procedural justice principles - Rules of procedure serve as handmaids of justice, ensuring no party is unduly deprived ... Now if such judgement is pronounced ex parte, under Order VIII, Rule 10, prayer for setting aside can be made under #H....
• India - Delhi High Court
C.HARI SHANKAR
(A) Limitation Act, 1963 - Section 5 - Code of Civil Procedure, 1908 - Order VIII Rule 11 - Condonation of delay in filing written ... (Paras 4, 10, 15, 16) ... ... (B) Doctrine of supervisory ... The time for filing written statement, in response to the plaint, as provided by Order VIII Rule 11 of the Code of Civil Procedure, 1908 (CPC) expired on or around 21st December, 2015. ... The impugned order dated 5th April, 2022, passe....
2016 3 Supreme 346 • India - Supreme Court
V.GOPALA GOWDA, ARUN MISHRA
VIII, Rule 5 – Denial for want of knowledge is no denial at all – Sale deed not disputed – Defendants ... 278; AIR 1931 All. 423 – Cited with approval ... (c) Practice and Procedure ... – Cross examination – Not only a matter of procedure but that of substance – Non cross-examination of a witness – Effect – Not disputing ... The provisions contained in Order 8 Rule 5 require pleadings to be answered specifically in written statement. This Court in J....
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