Civil Procedure Code, 1908
Order 8 Rule 10, second proviso to Order 8 Rule 5(1) (as inserted by Commercial Courts Act)—Procedure when party fails to present written statement called for by court—Commercial suit—On expiry of 120 days from the service of summons in a commercial suit on the defendant, if the defendant has not filed the written statement, the court can, in an appropriate case, proceed to decree the suit in terms of Order 8 Rule 10 of the CPC—While doing so, however, the court would have to bear in mind the note of caution sounded in 1999 (8) SCC 396 and 2012 (5) SCC 265.
Held : The decisions of the Supreme Court cited in present case do recognize the power of the Court, in a case in which no written statement is filed despite the expiry of the time available in that regard, for the Court to straightaway decree the suit under Order VIII Rule 10 of the CPC, albeit keeping in mind the principles enunciated in 1999 (8) SCC 396 and 2012 (5) SCC 265.
[Paras 12 to 15]