12/9/2017 WRITTEN STATEMENT - sarin advocate

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DRAFTING AND PLEADING CONVEYANCER INDIAN SUCCESSION ACT, 1925 WORDS AND PHRASES

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IMPORTANT
WRITTEN STATEMENT
JUDGMENT
JUDGMENT
USEFUL FOR
Subpage Listing
WOMEN
ACT ON WOMEN SOME IMPORTANT DEFENCES
RIGHT.
FAMILY COURT
HINDU MARRIAGE WRITTEN STATEMENT (Meaning):
ACT 1955
The Protection of
Women from Written statement is the defense of the defendants. A 'defense' called
Domestic Violence
Act 2005
the written statement ,in general this is a reply of plaint ,in which defendant
I.P.C. 498A
deny or admit the each and every allegation or facts given in the plaint. Denial
Cr.P.C. Section 125
or admission must be Para wise and clear. In the written statement defendant
can put his case also under the heading additional plea, and can states new
ABBREVIATIONS
facts or ground which is necessary to defeat the opponent. If defendant want
DIRECTORY
to put his own claim against the plaintiff he can put it by way of set- off
ARTICAL
and counterclaim u/o 8 Rule 6 and 6A of C.P.C.
NEWS
DRAFTING AND NOTE:-The facts which remain unanswered by the defendant, it will be presumed that
PLEADING the said fact was admitted by the defendant. In general the fact which is taken to be
CONVEYANCER admitted need not be proved. Pleading must be unambiguous clear and correct
.Carelessly prepared pleading can spoil the suit.
FAMILY
"if a plea which was relevant for the purpose of maintaining a suit had not been
SETTLEMENT /
specifically traversed, the Court was entitled to draw an inference that the same had
ARRANGEMENT
been admitted. A fact admitted in terms of Section 58 of the Evidence Act need
FRAUD ON THE not be proved." (v) (2010) 10 Supreme Court Cases 512 (MAN KAUR v. HARTAR SINGH
COURT SANGHA):-
HOW TO DRAFT A
PLAINT
CRUELTY AS A
GROUND FOR Drafting of Written Statement:
DIVORCE
IMPOTANCY AS A Order VIII provides for the filing of a written- statement,
GROUND FOR the particulars to be contained therein and the manner
DIVORCE of doing so. It requires what a written statement should
law of possession contain. Before drafting the written statement it is the
CANCELLATION OF duty of the defendant to study the plaint thoroughly and
SALE DEED all the documents submitted by the plaintiff with the
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SUIT FOR SPECIFIC plaint in support of his claim. After the thorough study
PERFORMANCE OF of the plaint and supported documents a para wise
CONTRACT answer of the plaint can be prepared. Order VIII of the
PROBATE OF A Code of Civil Procedure deals with the written
WILL
statement, set off and counterclaim.
INDIAN
SUCCESSION ACT,
1925
Time for Filing of Written Statement (Order VIII Rule
1) :
LANDLORD AND
TENANT
The text of Order VIII, Rule 1, as it stands now,
JURISDICTION BY
MUTUAL reads as under :-
AGREEMENT
JURISDICTION OF "l. Written Statement.- The defendant shall, within
CIVIL COURT thirty days from the date of service of summons on
REGISTRATION OF him, present a written statement of his defense :
THE WILL Provided that where the defendant fails to file the
LACK OF written statement within the said period of thirty days,
JURISDICTION he shall be allowed to file the same on such other day,
TRANSFER OF as may be specified by the Court, for reasons to be
PROPERTY ACT
recorded in writing, but which shall not be later than
SECTION 53A, PART
PERFORMANCE
ninety days from the date of service of summons".
Three things are clear. Firstly, a careful reading of
JURISDICTION OF
COURT the language in which Order VIII, Rule 1 has been
REGISTRATION OF
drafted, shows that it casts an obligation on the
AGREEMENT OF defendant to file the written statement within 30 days
SALE from the date of service of summons on him and within
LAW OF CONTRACT the extended time falling within 90 days. The provision
INDIAN EVIDENCE does not deal with the power of the Court and also
ACT does not specifically take away the power of the Court
SECONDARY to take the written statement on record though filed
EVIDENCE beyond the time as provided for. Secondly, the nature
Lis pendens of the provision contained in Order VIII, Rule 1 is
INTERPRETATION procedural. It is not a part of the substantive law.
OF WILL Thirdly, the object behind substituting Order VIII, Rule
WORDS AND 1 in the present shape is to curb the mischief of
PHRASES unscrupulous defendants adopting dilatory tactics,
DRAFTING IN delaying the disposal of cases much to the chagrin of
MATRIMONIAL
CASES
the plaintiffs and petitioners approaching the Court for
quick relief and also to the serious inconvenience of
MAINTENANCE
UNDER DIFFERENT the Court faced with frequent prayers for adjournments.
ACT The object is to expedite the hearing and not to scuttle
Hindu Marriage Act, the same.The process of justice may be speeded up
1955. Under Section and hurried but the fairness which is a basic element of
24 justice cannot be permitted to be buried.
Hindu Marriage Act,
1955. Under Section Time for filing written statement is fix for 30 days from
25 the date of service of summons on him and maximum
Protection of time limit from the date of service of summons is ninety
Women from days. Order, 8 Rule 1
Domestic Violence
Provision of Order 8,Rule 1.are directory in nature even after
Act
expiry of stipulated period court can extend time to file
PARTITION SUIT written statement. (AIR 2002 SC 2487, Rameshwar Lal v. Daya
GIFT Nand AIR 2005.)
PROVINCIAL
SMALL CAUSES

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COURTS ACT,1872 Duty of defendant to produce document upon which
. Divorced person relief is claimed or relied upon by him (Order VIII
when may marry Rule 1A.):-
again
SOME IMPORTANT "(1) Where the defendant bases his defence upon a
DEFENCES
document or relies upon any document in his
DECREE
possession or power, in support of his defence or claim
UNREGISTERED for set-off or counterclaim, he shall enter such
AGREEMENT TO
SELL OF document in a list, and shall produce it in Court when
IMMOVABLE the written statement is presented by him and shall, at
PROPERTY the same time, deliver the document and a copy
DAUGHTERS thereof, to be filed with the written statement.
RIGHT IN THE
PROPERTY (2) Where any such document is not in the possession
Lease and license or power of the defendant, he shall, wherever possible,
Applicability Of state in whose possession or power it is.
Order XV Rule 5
CPC
(3) A document which ought to be produced in Court by
LANDMARK
JUDGEMENT
the defendant under this rule, but, is not so produced
Order 22 Rule 10
shall not, without the leave of the Court, be received in
C.P.C. evidence on his behalf at the hearing of the suit.
65B. Admissibility of
electronic records (4) Nothing in this rule shall apply to documents-
SECTION 19 of D.V. (a) produced for the cross-examination of the plaintiff s
Act 2005 witnesses, or
GET ADVISE ON (b) handed over to a witness merely to refresh his
PROPERTY memory."
MATTERS
Basic principles for NOTE:-
deciding application Order VII Rule 14 of the Civil Procedure Code (CPC) deals
for rejection of with the documents of the Plaintiff and Order VIII Rule 1-A of
plaint the CPC with regard to the documents of the
GUIDE LINE FOR Defendant. Besides this, Order XIII deals inter alia with the
PROVING OF production of documents. This relates to production by both
POSSESSION the parties, the Plaintiff and the Defendant. Under Order XIII
Rule 1 of the CPC, the original documents are required to be
NEGOTIABLE
produced by the parties and received by the Court.
INSTRUMENTS ACT
SETTLE POSITION
OF LAW
GET ADVISE ON
New Facts Must be Specially Pleaded (Order
MATRIMONIAL VIII Rule 2.):-
MATTERS
RELIEF Order VIII,Rule 2. requires that the defendant must
EXECUTION raise by his pleading all matters which show the suit
LIVE-IN- not to be maintainable, or that the-transaction is either
RELATIONSHIP void or voidable in point of law, and all such grounds of
Sitemap defence as, if not raised, would be likely to take the
Recent site activity opposite party by surprise. or would raise issues of fact
not arising out of the plaint, as for instance,fraud,
limitation, release,payment, performance, or facts
Navigation
showing illegality.
FAMILY SETTLEMENT /
ARRANGEMENT
FRAUD ON THE COURT
Denial to be Specific(Order VIII Rule 3.):-
law of possession

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SUIT FOR SPECIFIC Order VIII Rule 3. requires that it shall not be
PERFORMANCE OF
CONTRACT
sufficient for a defendant in his written statement to
PROBATE OF A WILL
deny generally the grounds alleged by the plaintiff. but
INDIAN SUCCESSION
the defendant must deal specifically with each
ACT, 1925 allegation of fact of which he does not admit the truth,
HOW TO DRAFT A except damages.
PLAINT
IMPOTANCY AS A "if a plea which was relevant for the purpose of
GROUND FOR DIVORCE maintaining a suit had not been specifically traversed,
LANDLORD AND the Court was entitled to draw an inference that the
TENANT same had been admitted. A fact admitted in terms of
JURISDICTION BY Section 58 of the Evidence Act need not be proved."
MUTUAL AGREEMENT
(v) (2010) 10 Supreme Court Cases 512 (MAN KAUR
JURISDICTION OF CIVIL
COURT
v. HARTAR SINGH SANGHA):-
REGISTRATION OF THE
WILL
DRAFTING AND Evasive denial(Order VIII Rule 4.):-
PLEADING
LACK OF JURISDICTION Rule 4 of Order VIII of C.P.C. says that where a
JURISDICTION OF defendant denies an allegation of fact in a plaint, he
COURT must not do so evasively, but answer the point of
LAW OF CONTRACT substance. Thus, if it is alleged that he received a
INDIAN EVIDENCE ACT certain sum of money, it shall not be sufficient to deny
WORDS AND PHRASES that he received that particular amount, but he must
Hindu Marriage Act, 1955. deny that he received that sum or any part thereof, or
Under Section 24
else set out how much he received. And if an allegation
Hindu Marriage Act, 1955.
Under Section 25 is made with diverse circumstances, it shall not be
Cr.P.C. Section 125 sufficient to deny it along with those circumstances.
Protection of Women from
Domestic Violence Act Specific Denial(Order VIII Rule 5.):-
PARTITION SUIT
GIFT [(1)] Every allegation of fact in the plaint, if not denied
PROVINCIAL SMALL specifically or by necessary implication, or stated to be
CAUSES COURTS not admitted in the pleading of the defendant, shall be
ACT,1872 taken to be admitted except as against person under
MODELS OF PLAINT IN disability.
PARTITION SUIT
SOME IMPORTANT
DEFENCES Provided that the Court may in its discretion require
DECREE any fact so admitted to be proved otherwise than by
UNREGISTERED such admission.
AGREEMENT TO SELL
OF IMMOVABLE [(2) Where the defendant has not filed a pleading, it
PROPERTY shall be lawful for the Court to pronounce judgment on
DAUGHTERS RIGHT IN the basis of the facts contained in the plaint, except as
THE PROPERTY against a person under a disability, but the Court may,
Lease and license in its discretion, require any such fact to be proved.
Applicability Of Order XV
Rule 5 CPC
(3) In exercising its discretion under the proviso to sub-
LANDMARK
JUDGEMENT rule (1) or under sub-rule (2), the Court shall have due
SECTION 19 of D.V. Act regard to the fact whether the defendant could have, or
2005 has, engaged a pleader.
GET ADVISE ON
PROPERTY MATTERS

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GUIDE LINE FOR (4) Whenever a judgment is pronounced under this

PROVING OF rule, a decree shall be drawn up in accordance with
POSSESSION
such judgment and such decree shall bear the date on
NEGOTIABLE
INSTRUMENTS ACT
which the judgment was pronounced.]"
GET ADVISE ON
MATRIMONIAL Note: It is settled law that denial for want of
MATTERS knowledge is no denial at all. The provisions
RELIEF contained in Order 8 Rule 5 require pleadings to be
EXECUTION answered specifically in written statement. 2016
LIVE-IN-RELATIONSHIP (3)UAD 30 SC Muddasani venkata narsaiah (D)
through LRS versus Muddasani sarojana.

0
today is
Note: Procedure Where Written Statement by
the Defendant is not Filed.
"Order VIII provides the procedure where written
statement by the defendant is not filed. Order VIII Rule

0
5(2)(4) provides that where the defendant has not filed
a pleading, it shall be lawful for the court to pronounce
judgment on the basis of facts contained in the plaint
today is and after pronouncing the judgment a decree is
required to be drawn up in accordance with such
judgment. Under Order VIII Rule 10 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, 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 rule gives a discretion to the Court
either to pronounce the judgment against the
defendant or make such order in relation to the suit as
it thinks fit."
While interpreting Order VIII, this Court in Balraj
Taneja & Another v. Sunil Madan & Another [(1999)
8 SCC 396] held that merely because written
statement is not filed the Court should not proceed to
pass judgment blindly and observed thus:-
"The court has not to act blindly upon the admission of
a fact made by the defendant in his written statement
nor should the court proceed to pass judgment blindly
merely because a written statement has not been filed
by the defendant traversing the facts set out by the
plaintiff in the plaint filed in the court. In a case,
specially where a written statement has not been filed
by the defendant, the court should be a little cautious in
proceeding under Order 8 Rule 10 CPC. Before
passing the judgment against the defendant, it must
see to it that even if the facts set out in the plaint are
treated to have been admitted, a judgment could
possibly be passed in favour of the plaintiff without
requiring him to prove any fact mentioned in the plaint.
It is a matter of the courts satisfaction and, therefore,
only on being satisfied that there is no fact which need

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be proved on account of deemed admission, the court

can conveniently pass a judgment against the
defendant who has not filed the written statement."
Supreme Court of India
Union Of India And Others vs Manager M/S
Jain And Associates on 6 February, 2001

In Badat and Co., v. East India Trading Co.,

(1) hon'ble Court observed regarding the
requirements of the written statement under Order
VIII, Rules 3, 4 and 5, as follows
" These three rules from an integrated code dealing
with the manner in which allegations of fact in the
plaint should be traversed and the legal
consequences flowing from its non- compliance.
The written-statement must deal specifically with
each allegation of fact in the plaint and when a
defendant denies any such fact, he must not do so
evasively, but answer the point of substance. If his
denial of a fact is not specific but evasive, the said
fact shall be taken to be admitted. In such an event,
the. admission itself being proof, no other proof is
necessary."
Supreme Court of India Badat And Co vs East
India Trading Co on 10 May, 1963
Equivalent citations: 1964 AIR 538, 1964 SCR
(4) 19

Particular of Set-of to be given in

Written Statement ( Order VIII Rule 6
CPC)
A reading of Rule 6 of Order VIII CPC would show that
following conditions have to be satisfied before a
defendant is entitled to set-off under that Rule:-
"A defendant may claim a set-off under this rule if the
following conditions are satisfied, but not otherwise--

I. The suit must be one for the recovery of money.

II. As regards the amount claimed to be set-off--

(a) it must be an ascertained sum of money;

(b) such sum must be legally recoverable;

(c) it must be recoverable by the defendant or by all the

defendants if more than one;

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(d) it must be recoverable by the defendant from the

plaintiff or all the plaintiffs if more than one. Thus,
where th defendant is sued by the agent, he cannot
set-off what is due to him from the principal as the
principal is not the plaintiff;

(e) it must not exceed the pecuniary limits of the

jurisdiction of the court in which the suit is brought; and

(f) both parties must fill, in the defendant's claim to set-

off the same, character as they fill in the plaintiff's suit."

NOTE:
"The right of set-off is a ground of defense and is
required by Order VIII rule 6, of the Civil Procedure
Code to be pleaded as a part of the written statement
of the defendant. If established it is an answer to the
plaintiff's claim wholly or pro tanto as the case might
be. The defendant, if entitled to a set-off, is not liable to
make satisfaction of the claim made against him or so
much of it as equals the amount which he is entitled to
set-off. It a set-off equal to the plaintiff's claim is
established it is an absolute defense entitling the
defendant to a decree of dismissal of the suit. The
processual law provides that the written statement
containing a set-off has the same effect as a plaint in a
cross suit so as to enable the court to pronounce a final
judgment and a single decree in respect of both the
original claim and the set-off: See Order VIII, rule 6(2)
and Order XX, rule 19, of the Civil Procedure Code.
This, however, does not mean that a written statement
containing a plea of set-off is to be treated as a plaint in
all respects and for all purposes."
16." Principles of equitable set-off is recognized in
Rule 6 of Order VIII CPC. The essence of such a claim
is that there must be some connection between the
plaintiff claim for a debt and the defendant's claim to
set-off, which will make it equitable to dry up the
defendant to a separate suit. In these cases where
cross demands arise out of the same transaction or are
so connected in their nature and circumstances that
can be looked upon as part of one transaction,
equitable set-off is permissible. This principle is made
applicable even in those cases where the claim of the
defendant is for an unascertained sum like that of
damages but arising out of same transaction."
Delhi High Court
Crb Capital Markets Ltd. vs Smt. Bimla Devi Sahney
(Deceased ... on 31 May, 2005
Equivalent citations: IV (2005) BC 53, 2006 132
CompCas 788 Delhi

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Counter-Claim by Defendant (Order VIII Rule

6-A):

(1) A defendant in a suit may, in addition to his right of

pleading a set-off under Rule 6, set up, by way of
counter-claim against the claim of the plaintiff, any right
or claim in respect of a cause of action accruing to the
defendant against the plaintiff either before or after the
filing of the suit but before the defendant has delivered
his defence or before the time limited for delivering his
defence has expired, whether such counter-claim is in
the nature of a claim for damages or not:

Provided that such counter-claim shall not exceed the

pecuniary limits of the jurisdiction of the Court.

(2) Such counter-claim shall have the same effect as a

cross-suit so as to enable the Court to pronounce a
final judgment in the same suit, both on the original
claim and on the counter-claim.

(3) The plaintiff shall be at liberty to file a written

statement in answer to the counterclaim of the
defendant within such period as may be fixed by the
Court.

(4) The counter-claim shall be treated as a plaint and

governed by the rules applicable to the plaints.

NOTE:-
In the case of Ramesh Chand Ardawatiya (supra), "28.
Looking to the scheme of Order VIII as amended by Act No.
104 of 1976, honorable Apex Court held, " we are of the
opinion, that there are three modes of pleading or setting up
a counter-claim in a civil suit. Firstly, the written statement
filed under Rule 1 may itself contain a counter-claim which in
the light of Rule 9 read with Rule 6A would be a counter-claim
against the claim of the plaintiff preferred in exercise of legal
right conferred by Rule 6A. Secondly, a counter-claim may be
preferred by way of amendment incorporated subject to the
leave of the Court in a written statement already filed. Thirdly,
a counterclaim may be filed by way of a subsequent pleading
under Rule 9. in the latter two cases, the counter-claim
though referable to Rule 6A cannot be brought on record as
of right but shall be governed by the discretion vesting in the
Court, either under Order VI, Rule 17 of the C.P.C. if sought to
be introduced by way of amendment, or, subject to exercise
of discretion conferred on the Court under Order VIII, Rule 9
of the C.P.C. if sought to be placed on record by way of
subsequent pleading.

Hon'ble Madras High Court in a case of Southern

Ancillaries Private ... vs Southern
Alloy Foundries ... on 28 March, 2003
Equivalent citations: AIR 2003 Mad 416, (2003) 2
MLJ 56 held in para 25.
25." We sum up the legal position as under:-
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i] The defendant can make a counter claim even after filing

the written statement but that should be before the
commencement of recording of evidence.

ii] Generally an amendment once allowed will relate back to

the date of filing of the plaint/written statement.

iii] Court may make it clear while allowing such amendment

that it will not relate back to the date of filing of the
plaint/written statement.

iv] Even if in the order allowing amendment it is not stated

that the order would not relate back, it will be open to the
aggrieved party to contend that the
order (allowing amendment) would not relate back at the time
of the trial of the suit.

v] If after allowing the amendment, the concerned party does

not take care to amend the plaint/written statement within the
period allowed or within 14 days where no period is fixed, or
within the extended period, the plaintiff or defendant, as the
case may be, shall not be permitted to amend after the
expiration of the period and the Court has to only consider
the unamended plaint or written statement."

6B. Counter claim to be stated(Order VIII Rule

6-B):
Where any defendant seeks to rely upon any ground
as supporting a right of counter claim, he shall, in his
written statement, state specifically that he does so by
way of counter claim

6C. Exclusion of counter claim (Order VIII

Rule 6-C):
Where a defendant sets up a counter claim and the
plaintiff contends that the claim thereby raised ought
not to be disposed of by way of counter claim but in an
independent suit, the plaintiff may, at any time before
issues are settled in relation to the counter claim, apply
to the court for an Order that such counter claim may
be excluded, and the court may, on the hearing of such
application make such Order as it thinks fit

6D. Effect of discontinuance of suit- (Order

VIII Rule 6-D):
If in any case in which the defendant sets up a counter
claim, the suit of the plaintiff is stayed, discontinued or
dismissed, the counter claim may nevertheless be
proceeded with

6E.Default of plaintiff to reply to counter

claim (Order VIII Rule 6-E):
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If the plaintiff makes default in putting in a reply to the

counter claim made by the defendant, the Court may
pronounce judgment against the plaintiff in relation to
the counter claim made against him, or make such
Order in relation to the counter claim as it thinks fit

6F. Relief to defendant where counter claim

succeeds (Order VIII Rule 6-F):
Where in any suit a set off or counter Claim is
established as a defence against the plaintiffs claim,
and any balance is found due to the plaintiff or the
defendant, as the case may be, the court may give
judgment to the party entitled to such balance

6G. Rules relating to written statement to

apply (Order VIII Rule 6-G):
The rules relating to a written statement by a defendant
shall apply to a written statement filed in answer to a
counter claim

7. Defence or set off founded on separate

grounds- (Order VIII Rule 7):
Where the defendant relies upon several distinct
grounds of defence or set off or counter claim founded
upon separate and distinct facts, they shall be stated,
as far as may be, separately and distinctly

HIGH COURT AMENDMENT

Karnataka- After Rule 7 and before Rule 8, add the

following as Rule 7-A:

7-A, Where the defendant seeks the permission of

the Court under Rule 8 of Order 1 of this Code to
defend the suit on behalf of or for the benefit of himself
and other persons having the same interest as the
defendant in the subject-matter of the suit he shall file
an application supported by an affidavit setting out the
particulars detailed in sub-rule (2) of Rule 4 of Order
VII of this Code Notice of such an application shall be
given to all parties to the suit, and if the permission
sought is granted the plaint may be amended by
inserting a statement that the defendant is with the
leave of the Court sued as the representative of at
::sons interested in subject-matter of the suit (3031967)

8. New ground of defence(Order VIII Rule 8):

Any ground of defence which has arisen after the
institution of the Suit or the presentation of a written

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statement claiming a set off or counter claim may be

raised by the defendant or plaintiff, as the case may be,
in his written statement

8A. Omitted by Act No. 46 of 1999 (w.e.f. 1-7-

2002).

9. Subsequent pleadings(Order VIII Rule 9):

No pleading subsequent to the written statement of a
defendant other than by way of defence to set-off or
counter-claim shall be presented except by the leave of
the Court and upon such terms as the Court thinks fit:
but the Court may at any time require a written
statement or additional written statement from any of
the parties and fix a time of not more than thirty days
for presenting the same

HIGH COURT AMENDMENT

Bombay, Dadra and Nagar Haveli- For Rule 9,
substitute the following:
9 Subsequent pleading No pleading subsequent to
the written statement of the defendant other than by
way of defence to a set-off or counter-claim shall be
presented except by the leave of the Court and upon
such terms as the Court thinks fit, but the Court may at
any time require a written statement or additional
written statement from any of the parties and fix a time
for presenting the same

10. Procedure when party fails to present

written statement called for by Court.(Order
VIII Rule 10):
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 b, 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.

Note: Procedure Where Written Statement by the

Defendant is not Filed. "Order VIII provides the
procedure where written statement by the defendant is
not filed. Order VIII Rule 5(2)(4) provides that where
the defendant has not filed a pleading, it shall be lawful
for the court to pronounce judgment on the basis of
facts contained in the plaint and after pronouncing the
judgment a decree is required to be drawn up in
accordance with such judgment. Under Order VIII
Rule 10 where any party from whom a written

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statement is required under Rule 1 or Rule 9 fails to

present the same within the time permitted or fixed by
the court, 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 rule gives a
discretion to the Court either to pronounce the
judgment against the defendant or make such
order in relation to the suit as it thinks fit."

Supreme Court of India, Union Of India And

Others vs Manager M/S Jain And Associates on 6
February, 2001

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construction.........................

Subpages (1): SOME IMPORTANT DEFENCES

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