Supreme Court · [2013] 2 S.C.R. 432 · Decided 18 March 2013
Shantilal Gulabchand Mutha v. Tata Engineering & Locomotive CO. LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- [2013] 2 S.C.R. 432
- Case number
- CIVIL APPEAL No. 6162/2005
- Decided
- 18 March 2013
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
CODE OF CIVIL PROCEDURE, 1908:. 0. 8, r.10 - Judgment on failure of defendant to file written statement- Held: Relief under 0. 8, r. 10 is discretionary, and court has to be more cautious while exercising such power where defendant fails to file written ' D satisfied that there is no fact which need to be proved in spite of deemed admission by defendant, and court must give reasons for passing such judgment - In the instant case, trial court has not examined as to whether the suit was filed within limitation and whether on the basis of
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