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1994 DIGILAW 94 (MP)

Chourasia Poultry Farm v. State Bank of India

1994-02-02

K.M.AGARWAL

body1994
JUDGMENT This revision by one of the defendants in the suit is directed against an order passed under Order 8 Rule 10 CPC on its failure to file written statement as per requirement of Rule 1 of Order 8 CPC. It appears that certain loan was granted to the applicant by the non-applicant No. 1. As the loan was not repaid, a suit for recovery of the outstanding dues was filed against it and its sureties. After receipt of summons of the suit, it did not file written statement. Further time was given for filing written statement was not availed of by the applicant and, therefore, it appears that the Court below had no option but to proceed under O. 8 R. 10 CPC and to post the case for recording evidence of the plaintiff - non-applicant No. 1. Being aggrieved, the defendant No. 1 in the suit has preferred this revision. Having heard the learned counsel for the parties and having gone through the record, I am of the view that it is not necessary to record any finding as to the legality or perversity of the impugned order of the Court below, because I am told that in pursuance of the order made on 24.12.92 by this Court, the applicant has paid cost of Rs. 250/- to the non-applicant No. 1 as also filed its written statement in the Court below as recorded in the order-sheet dated 15.1.93. Accordingly, in the facts and circumstances of the case I feel that it would be just and proper to set aside the impugned order under O. 8 R. 10 CPC passed against the applicant by the Court below and to direct it to take the written statement on record and to proceed further with the case in accordance with law i.e. to frame issues, give settling date and thereafter to proceed to record evidence in the suit. In the result, this civil revision succeeds and it is hereby allowed, the impugned order under O. 8 R. 10 CPC against the applicant is set aside and the Court below is directed to take the written statement of the applicant on record and thereafter to proceed with the case in accordance with law as indicated here-in-above. In the circumstances of the case, I make no order as to costs of this civil revision.