Supreme Court · 2012 INSC 183 · Decided 23 April 2012
C.N. Ramappa Gowda v. C.C. Chandregowda (Dead) BY LRS. & ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 183 · [2012] 5 S.C.R. 453
- Case number
- CIVIL APPEAL No. 3710/2012
- Decided
- 23 April 2012
- Bench
- T.S. THAKUR, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908 - Or. 8, r. 10 - Non-filing A B of written statement - Duty of Court - Held: In a case where written statement has not been filed, the Court should be a C little more cautious in proceeding under Or.8 r.10 CPC and before passing a judgement, it must ensure that even 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 D when the Court for recorded reasons is fully satisfied that there is no fact which needs to be proved at the instance
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