Supreme Court of India
C.N. Ramappa Gowda v. C.C. Chandregowda (dead) by Lrs. & Anr.
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What the Court ordered
We are of the view that the High Court was legally justified in setting aside the judgement and decree of the trial court and allowing the appeal to the limited extent of remanding the matter to the trial court for a de-novo 8 trial after permitting the defendant-respondent to file the written statement.
Judgment, page 17
From the headnote
Code of Civil Procedure, 1908 - Or. 8, r. 10 - Non-filing of written statement - Duty of Court - Held: In a case where written statement has not been filed, the Court should be a little more cautious in proceeding under Or.8 r.10 CPC and before passing a judgement, it must ensure that even if the facts set out in the plaint are treated to have been admitted, a judgement and decree could not possibly be passed without requiring him to prove the fact pleaded in the plaint - It is only when the Court for recorded reasons is fully satisfied that there is no fact which needs to be proved at the
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