Did you know that failure to file the written-statement alone is not enough to decree the suit in favour of the plaintiff?

In a recent judgement, the Hon’ble Supreme Court emphasised the importance of evidence in civil suits.

The Court clarified that a defendant’s failure to submit a written statement doesn’t automatically result in a judgement against them.

The bench highlighted that the plaintiff must substantiate their case through evidence.

Referring to Order 8, Rule 10 of the Civil Procedure Code, the Court underscored the permissive nature of the rule.

It allows the court two options: pronouncing judgement or making another suitable order.

The Court stressed that a plaintiff’s obligation to prove the case remains, even if a defendant defaults in filing a written statement.

The judgement emphasised the careful invocation of Order 8 Rule 10, especially in cases with multiple defendants.

The Court urged caution to avoid contradictory decrees and suggested opting for the second alternative if even one defendant submits a written statement.

This ruling, exemplified in the case of Asma Lateef & Anr. v. Shabbir Ahmad & Ors., reinforces the nuanced application of procedural rules for a fair and just legal outcome.

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