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:

The consequence of not filing a written statement is severe. While the court has discretion, the power to pass an ex-parte judgment is a key tool to ensure that defendants do not delay proceedings indefinitely.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Order VIII of the CPC deals with the written statement. Rule 1 sets the time limit for filing it, and Rule 10 prescribes the consequences if the defendant fails to do so within the stipulated time.

Step 2: Detailed Explanation:
Order VIII, Rule 10 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..."
The rule gives the court discretion. It has two main courses of action:
1. Pronounce the judgment at once against the defaulting defendant.
2. Make any other order it thinks fit (e.g., grant further time on payment of costs, proceed without the written statement).
Both options (A) and (C) are technically correct actions the court can take. However, the power to "pronounce the judgement at once" is the most significant and specific consequence mentioned in the rule. In the context of multiple-choice questions, this specific power is often the intended answer. Option (B) is incorrect as a decree has not yet been passed. Option (D) is confusingly phrased but if it were "All of the above", it would be incorrect because (B) is wrong. Between (A) and (C), (C) is the more direct and powerful consequence available to the court.

Step 3: Final Answer:
On failure to file a written statement, the court has the power under Order VIII Rule 10 to pronounce the judgment at once.