Lr petition

Guest (Querist) 15 September 2022 This query is : Resolved
Plaintiff filed LR petition for substitue legal heirs of deceased defendent. They failed to file counter even after 1200 days.counter closed .IA aloowed. Is there any right comes to LRs to file written statement? Can plaintiff file O.8, R 5(2) and O 8, R 10 petition to get judgement in favour of plaintiff

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This discussion concerns a legal heirs (LR) petition where the defendant's counter was closed after 1200 days. The core question is whether the LRs can still file a written statement and if the plaintiff can seek judgment based on Order VIII, Rule 5(2) and Rule 10 of the Civil Procedure Code. While the counter is closed, the plaintiff must still prove their case with evidence, as the court can only pronounce judgment based on the plaint if the defendant fails to file a pleading, unless the defendant has a disability.

Advocate Bhartesh goyal (Expert) 16 September 2022
After having closed counter , Lrs have no ri
ght to submit written stsemrnt.
Until and unless plaintiff does not prove his case by cogent evidence , his case can't be decreed irrespective of fact that defendant has not submitted written staement.

Dr J C Vashista (Expert) 17 September 2022
Subject order specifically empowers the Court to decree a suit when the defendant fails to file their written statement except disability of the defendant.

ORDER VIII RULE 5 CIVIL PROCEDURE CODE, 1908 READS AS:
5. Specific denial.
(1) Every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be admitted except as against a person under disability:
Provided that the Court may in it discretion require any fact so admitted to be proved otherwise than by such admission.

FOR COMMERCIAL COURTS-
“Provided further that every allegation of fact in the plaint, if not denied in the manner provided under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability.”

(2) Where the defendant has not filed a pleading, it shall be lawful for the Court to pronounce judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but the Court may, in its discretion, require any such fact to be proved

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