The purpose of Order 8 Rule 10 CPC is to expedite the trial and not penalise the defendant upon non-filing of the written statement. The courts can invoke its provisions to curb dilatory tactic, often resorted to by defendants, by not filing the written statement by pronouncing judgment against it. At the same time, the courts must be cautious and judge the contents of the plaint and documents on record as being of an unimpeachable character, not requiring any evidence to be led to prove its contents.
he Hon’ble High Court of Delhi in the case titled TV18 Home Shopping Network Ltd. Vs. M/S Indiaontime Express Pvt. Ltd. And Ors. CS(OS) 3309/2015 decided on 07.12.2017 allowed the present application under Order VIII Rule 10 of CPC and decreed the suit in favour of the plaintiff and against the defendants for Rs.2,06,65,318/- along with pendente lite and future interest @ 12% per annum.
The Defendants in this matter were proceeded ex-parte vide order dated 18-05-2017. And the Plaintiff moved an application under Order VIII Rule 10 read with Section 151 of the CPC for passing of decree in his favour.
The Hon’ble Court after relying upon the decision of A. C.N. Ramappa Gowda Vs. C.C. Chandregowda, (2012) 5 SCC 265 and Nirog Pharma Pvt. Ltd. Vs. Umesh Gupta and Ors., 235 (2016) DLT 354, was of the opinion that despite receipt of the plaintiff’s emails dated 05th May, 2014 and 15th March 2014 as well as legal notice dated 2nd February 2015, the defendants have failed to clear the outstanding amounts due to the plaintiff.
Also, the defendants vide their email dated 28th May, 2014 addressed to the plaintiff duly acknowledged the plaintiff’s aforesaid emails and did not dispute the demand for payment.
Moreover, the averments in the plaint have not been rebutted by the defendants nor did they bother to put forth their stand in spite of ample opportunities given by the Court, hence they are deemed to have been admitted.
Hence, the present application under Order VIII Rule 10 of CPC was allowed and the suit was decreed in favour of the plaintiff and against the defendants for Rs.2,06,65,318/- along with pendente lite and future interest @ 12% per annum.