RAJLAXMI RAGHAVAN IYENGAR Vs. USHA RANGRAJ IYENGAR

JUDGEMENT

(1.) ADMIT. By consent heard forthwith.

(2.) THIS appeal arises from the order passed on 22-2-2001 in Short Cause Suit No. 6979 of 1999 by the Bombay City Civil Court at Bombay decreeing the suit filed by the respondent against the appellants purportedly under Order VIII, Rule 10 of the Code of Civil Procedure.

(3.) UPON hearing the learned Advocates and perusal of the record the only point which arises for consideration in the matter is whether merely because the defendants fail to file written statement, is the trial Court to presume that the pleadings in the plaint are admitted and, therefore, the trial Court can decree the suit under Order VIII, Rule 10 of C. P. C. without passing appropriate judgment.