Order VIII Rule 10 CPC permits decree only when the plaintiff's case is unimpeachable and no factual dispute survives for trial.

Order VIII Rule 10 CPC is permissive and does not permit a mechanical decree merely because the defendant failed to file a written statement within time. Once the statutory period under Order VIII Rule 1 expires, the right to file a written statement is forfeited, but the court must still examine the plaint and supporting documents to see whether the plaintiff's case is unimpeachable and whether any disputed factual issue requires trial. On the record, the purchase order, bank statement, demand letter and reply supported the plaintiff's claim, while the defendant produced no material for fraud or cancellation of registration. The decree was upheld because no real dispute of fact survived for trial.

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Issues: Whether the trial court was justified in decreeing the suit under Order VIII Rule 10 of the Code of Civil Procedure, 1908 after the defendant failed to file a written statement within the prescribed period.

Analysis: The statutory scheme under Order VIII Rule 1 of the Code of Civil Procedure, 1908 requires a written statement to be filed within 30 days, extendable up to 120 days on limited terms, after which the right to file the written statement stands forfeited and the court cannot extend time further. Order VIII Rule 10 of the Code of Civil Procedure, 1908 is permissive and does not authorise a mechanical decree merely because no written statement has been filed. The court must examine the plaint and accompanying documents to determine whether the plaintiff's case is unimpeachable and whether any disputed factual issues require proof. On the documentary material placed on record, the purchase order, bank statement, demand letter and reply supported the respondent's claim, and the appellant did not produce any material to substantiate the plea of fraud or cancellation of registration. The court found no real dispute of fact requiring trial.

Conclusion: The decree under Order VIII Rule 10 of the Code of Civil Procedure, 1908 was upheld and the appeal failed.

Ratio Decidendi: Even where the written statement is forfeited after expiry of the statutory period, a decree under Order VIII Rule 10 of the Code of Civil Procedure, 1908 can be passed only if the plaintiff's case is supported by unimpeachable material and no disputed question of fact survives for trial.

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