Order 8 rule 1 & 10

rahul (Querist) 03 September 2015 This query is : Resolved
Respected Sir

Suit has been filed for declaration & possession of immovable property. There are more than one defendants in suit. Writ of Summon has been served to all the defendants four months back & court has accepted the service.

There is one Defendant Mr. A who has appeared before the court by his lawyer on last four dates along with other Defendants and other Defendants has filed their written statement in time & court has kept matter for hearing on Notice of Motion & it has been more than 140 days since summons has been served to Mr. A but till yet he has neither filed written statement nor he has asked for any time from court to file written statement. Lawyer of Mr. A is silent on written Statement.

Till date, On every date lawyer of Mr. A has said that ‘I am for the Mr. A’ except this he has not uttered any word in last four dates & these four dates has taken more than 140 days.

Hence I have decided that on the next date if MR. A do not file written Statement then I will file application to the court that no written statement order may be passed against Mr. A as time given by order 8 rule 1 to file WS has lapsed.

1. But along with this can I also pray to the court in the same application that judgment may be pronounced against Mr. A as per Order 8 Rule 10 ?

2. Whether order 9 Rule 11 can affect my prayers ? If yes, How ?

3. Am I right or what is the right course of action ?

Please guide. Thanking you.

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