UNION OF INDIA Vs. RAM PRAKASH JUNEJA

JUDGEMENT

(1.) The question involved in this second appeal is that if a written statement is not filed under Order 8 Rule 10 CPC, does it postulate a judgment to be pronounced and decree passed automatically and mechanically" The plaintiff had filed a suit for declaration, injunction and consequential relief before the Trial Court on 27.11.1980 along with application under Order 39 Rules 1 and 2 CPC. The defendants were served on 09.02.1981. The defendants were directed to file the written statement on various dates i.e. on 12.03.1981, 20.04.1981, 05.05.1981 and 06.07.1981. The order dated 05.05.1981 was got signed from Ms. Dhaneshwari, counsel for the appellant/defendant. One more opportunity was granted for 10.08.1981. On 10.08.1981 again, written statement was not filed. Consequently, the Trial Court passed the decree in favour of the plaintiff under Order 8 Rule 10 CPC, to the extent that the plaintiff/respondent is entitled to the post of Assistant Engineer Class II on the scale of the said post with all other attending benefits and seniority of the said post since 1977. He was further held entitled to the grade of Rs. 840/- to Rs. 1,040/- from December 1979 when person junior to him were given that grade. Aggrieved by this order, the appeal was preferred before the First Appellate Court. The First Appellate Court dismissed the appeal with costs holding that Order 8 Rule 10 was rightly invoked by the trial court.

(2.) Thereafter, the instant second appeal was preferred. The following substantial question of law was formulated by this court on 11.01.1983 :- (1) Whether in the facts and circumstances of the case the decree under Order 8 Rule 10 of the Code of Civil Procedure is in consonance with law."

(3.) I have heard the counsel for the appellant. None has appeared on behalf of the respondent/plaintiff. The counsel for the appellant/defendant made only one submission that one more opportunity should be granted to the defendant to file the written statement.