Procedure when party fails to present written statement called for by Court - Rule 10

¹⁷[10. Procedure when party fails to present written statement called for by Court

Where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up.]

Commercial Court Amendment

¹¹[In Rule 10, the following proviso shall be inserted, namely:--

"Provided that no Court shall make an order to extend the time provided under Rule 1 of this Order for filing of the written statement."]

HIGH COURT AMENDMENT

¹[Allahabad

In Order VIII, Rule 10 Add the following as new Rules 11 and 12:--

"11. Every party, whether original, added or substituted, who appears in any suit or other proceeding shall on or before the date fixed in the summons or notice served on him as the date of hearing, file in Court a proceeding stating his address for service, written in [Hindi written in Devnagri Script, U.P. Gazette, Part II, dated 17-12-1970], and if he fails to do so he shall be liable to have his defence, if any, struck out and to be placed in the same position as if he had not defended. In this respect the Court may act suo motu or on the application of any party for an order to such effect, and the Court may make such order as it thinks just.

12. Rules 20, 22, 23, 24 and 25 of Order VII shall apply, so far as may be, to addresses for service, filed under the preceding rule."]

²[Bombay.--