SHANTILAL GULABCHAND MUTHA versus TATA ENGINEERING & LOCOMOTIVE CO. LTD. & ANR.

SHANTILAL GULABCHAND MUTHA versus TATA ENGINEERING & LOCOMOTIVE CO. LTD. & ANR.

Relief under Order VIII Rule 10 CPC is discretionary and cannot be passed without judicial reasoning and examination of relevant issues, such as limitation and merits, even if written statement is not filed; as trial court failed to meet these parameters, its judgment and decree is set aside.

Parties
Appellant: Shantilal Gulabchand Mutha; Respondent No.1: Tata Engineering & Locomotive Co. Ltd.; Respondent No.2: Mercantile Bank Ltd. Bombay
Jurisdiction
India
Judgment Date
18 March 2013
Procedural Posture
Civil Appeal / Appeal Against High Court Order, Remand to Trial Court
Outcome
Appeal disposed of, impugned judgment and decree set aside, case remanded to trial court for fresh decision.
Legal Topics
Judgments on Failure to File Written Statement, Discretion Under Order VIII Rule 10 CPC, Limitation, Ex Parte Decrees
Civil Procedure Judgments on Failure to File Written Statement Discretion Under Order VIII Rule 10 CPC Limitation Ex Parte Decrees

Case Brief

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Parties

Shantilal Gulabchand Mutha

Appellant

Tata Engineering & Locomotive Co. Ltd.

Respondent No.1

Mercantile Bank Ltd. Bombay

Respondent No.2

Procedural Posture

Civil Appeal / Appeal Against High Court Order, Remand to Trial Court

Legal Issues

  1. 1 Whether the trial court can pass judgment under Order VIII Rule 10 CPC without examining limitation or the merits of the claim when written statement is not filed
  2. 2 Whether the relief under Order VIII Rule 10 CPC is discretionary and requires judicial reasoning

Ratio Decidendi

Relief under Order VIII Rule 10 CPC is discretionary and cannot be passed without judicial reasoning and examination of relevant issues, such as limitation and merits, even if written statement is not filed; as trial court failed to meet these parameters, its judgment and decree is set aside.

Court Disposition

Appeal disposed of, impugned judgment and decree set aside, case remanded to trial court for fresh decision.

Orders

  • Appellant at liberty to file written statement within 3 weeks from date of judgment.
  • Trial court to proceed in accordance with law.