Judgement when written statement not filed

rajan chopra (Querist) 15 May 2015 This query is : Resolved
Sir in a recovery suit filed by me the defendant failed to file written statement after being served and given adequate opportunity.Now the case is at plaintif evidance stage.Can I apply for pronouncement of judgement u/o 8 R 10 cpc on the basis of non filing of written statement by defendant or not?

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Dr J C Vashista (Expert) 16 May 2015
You should have applied earlier. However, the court has to complete the procedure before passing a judgment/decree.

Advocate Bhartesh goyal (Expert) 16 May 2015
Generally in such cases court records the statement of plaintiff before pronouncement of judgment.

Rajendra K Goyal (Expert) 16 May 2015
Court would adopt due procedure before judgement.

T. Kalaiselvan, Advocate (Expert) 17 May 2015
If the court passes an exparte order, upon the plaintiff deposing exparte evidence, an exparte judgement will be drawn upon and pronounced.