CHOURASIA POULTRY FARM Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS revision by one of the defendants in the suit is directed against an order passed under Order 8 Rule 10 CPC on its failure to file written statement as per requirement of Rule 1 of Order 8 CPC.

(2.) IT appears that certain loan was granted to the applicant by the non -applicant No. 1. As the loan was not repaid, a suit for recovery of the outstanding dues was filed against it and its sureties. After receipt of summons of the suit, it did not file written statement. Further time was given for filing written statement was not availed of by the applicant and, therefore, it appears that the Court below had no option but to proceed under O. 8 R. 10 CPC and to post the case for recording evidence of the plaintiff - non -applicant No. 1. Being aggrieved, the defendant No. 1 in the suit has preferred this revision.

(3.) IN the result, this civil revision succeeds and it is hereby allowed, the impugned order under O. 8 R. 10 CPC against the applicant is set aside and the Court below is directed to take the written statement of the applicant on record and thereafter to proceed with the case in accordance with law as indicated here -in -above. In the circumstances of the case, I make no order as to costs of this civil revision.