AIR 1983 RAJASTHAN 146

Rajasthan High Court

Hon'ble Judge(s): Dwarka Prasad , J

Civil P.C. (5 of 1908) , O.8 R.10, O.8 R.1— Defendant failing to file written statement within time allowed by Court - Court proceeding further with suit - Defendant can cross-examine plaintiff's witnesses - He can also lead evidence only in rebuttal of plaint allegations. AIR 1976 Delhi 96, Dissented from. Where the defendant fails to file his written statement within the time permitted by the Court there are two courses open to the Court, namely: the Court may under the first part of O.8, R.10 proceed to pronounce judgment or it may under the second part of O.8, R.10 which gives a wide discretion to the Court to "make such order in relation to the suit as it thinks fit" proceed with the further hearing of the suit. In a case where the court adopts the second course and decides to proceed with the hearing of the suit, although the defendant would be debarred from filing his written statement subsequently, he can yet be allowed to cross-examine the witnesses produced by the plaintiff and adduce evidence in rebuttal of the allegations made in the plaint and then take part in the final arguments leading to the decision of the suit. But he cannot be allowed to lead any evidence in respect of defences which have not been raised on account of his failure to file the written statement. .....