THE FIRST SCHEDULE · ORDER VIII Written statement, set-off and counter-claim

Order VIII Rule 10: Procedure when party fails to present written statement called for by Court

The Code of Civil Procedure, 1908

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 and on the pronouncement of such judgment a decree shall be drawn up:]

¹[Provided that no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written statement.]

State Amendment (as printed in the official text)

Jammu and Kashmir and Ladakh (UTs).― In Rule 10, insert the following proviso, namely:-

Provided that no court shall make an order to extend the time provided under Rule 1 of this order for filing of the written statement.

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].

Footnotes in the official text

1.Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).

Questions on this rule

5 questions in 21 of our papers cite Order VIII Rule 10. Try these from the free papers:

1. Consider the following statements on the time limit for filing a written statement under Order VIII Rule 1 CPC: 1. In Kailash v. Nanhku (2005), the Supreme Court held that the time limit in Order VIII Rule 1 is directory, so that in exceptional cases a written statement may be received even after ninety days. 2. In SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019), the Supreme Court held that in a commercial suit a written statement cannot be taken on record after one hundred and twenty days from service of summons. 3. In a commercial suit, the Court may extend the period of one hundred and twenty days where sufficient cause for the delay is shown. Which of the statements given above are correct?
2. In SCG Contracts (India) Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019), the Supreme Court held that in a commercial suit, a written statement filed after one hundred and twenty days from the date of service of summons:

Practise questions on Civil Procedure Code