Question

On failure to file a written statement, under order VIII rule 10 of CPC the Court may

• A. pass any other order
• B. Order for striking off the decree
• C. May pronounce the judgement at once
• D. Any of the above

Hint:

Order VIII, Rule 10 gives the court two main options on failure to file a written statement: either pronounce judgment straight away OR make any other order. This "any other order" clause gives the court very wide discretion, so options reflecting this breadth are often correct.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks about the powers of a court when a defendant fails to file a written statement within the prescribed time, as per Order VIII, Rule 10 of the CPC.

Step 2: Detailed Explanation:
Order VIII, Rule 10 of the CPC is titled "Procedure when party fails to present written statement called for by Court." It states:
"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."
This provision gives the court wide discretion. The court can:
- (C) Pronounce the judgment at once: This is explicitly mentioned. The court can treat the facts in the plaint as admitted and pass a judgment.
- (A) Pass any other order: The phrase "make such order in relation to the suit as it thinks fit" covers this. The court might, for example, post the case for ex-parte evidence or grant one last opportunity with costs.
- (B) Order for striking off the decree: This option is phrased incorrectly. It should likely be "striking off the defence." However, the power to pass "any other order" is broad enough to cover various procedural steps.
Since the court can either pronounce judgment or make any other suitable order, the option "Any of the above" correctly reflects the wide discretionary powers under this rule.

Step 3: Final Answer:
On failure to file a written statement, the court has the discretion to pronounce judgment, pass any other order it deems fit, or take other appropriate steps. Therefore, "Any of the above" is the most comprehensive answer.