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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