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The HC dismissed the appeal, affirming the trial court's decree in favor of the respondent. The appellant, having failed to file a written statement within the statutory 120-day period as mandated by Order VIII Rule 10 CPC, lost the right to contest the suit. The court emphasized that this limitation is absolute and non-extendable, thereby precluding the appellant from filing a belated written statement. Although Order VIII Rule 10 CPC allows the court discretion to either pronounce judgment based on deemed admissions or require evidence, the absence of disputed facts and the unimpeachable nature of the respondent's case justified the trial court's decision. Consequently, the appellant's ex-parte status and failure to meet procedural requirements resulted in the dismissal of the appeal and the upholding of the original judgment and decree.
The HC dismissed the appeal, affirming the trial court's decree in favor of the respondent. The appellant, having failed to file a written statement within the statutory 120-day period as mandated by Order VIII Rule 10 CPC, lost the right to contest the suit. The court emphasized that this limitation is absolute and non-extendable, thereby precluding the appellant from filing a belated written statement. Although Order VIII Rule 10 CPC allows the court discretion to either pronounce judgment based on deemed admissions or require evidence, the absence of disputed facts and the unimpeachable nature of the respondent's case justified the trial court's decision. Consequently, the appellant's ex-parte status and failure to meet procedural requirements resulted in the dismissal of the appeal and the upholding of the original judgment and decree.
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