Report No. 163

Q.19. Order 8, rule 10 (Defendant's failure to file written statement): Clause 18(iii) of the Bill

Present Order 8, rule 10 deals with the situation where the defendant fails to file a written statement. The rule (as amended in 1976) leaves to the court two alternatives:

(a) the court may proceed to pronounce judgment, or

(b) the court may make such order as it thinks fit.

Ganpat Chand v. Jeth Mal, AIR 1983 Raj 146.

The Bill proposes to delete this rule. It would appear that this would remove from the Code a power which is badly needed. Its deletion would create a void in the procedural apparatus and create uncertainty. Would you favour the proposal?