RCR order 8 rule 1 & 10 cpc
2 years ago
Dear Sir/Madam,
I have filed section 9 of HMA on July 2019, till date wife had not filed counter. Recently I got to know about order 8, rule 1&10 of CPC to strike off the defense & pass order in favor of petitioner, if respondent for not filing written statement.
I found civil cases contains the word “Written statement” and in family/other cases says “Counter”.
If wife not filed counter after expiry of 90 days, shall I file order 8, rule 1 or order 8,rule 10 to plead the court to pass judgment in my favor. Pls advise..
A.Dear Sir,
You need not file any application even though very such provision but no judicial officer taking serious about it. Just ask the judge to record as written statement not filed and proceed to give your evidence and get mark your documents and get judgment in your favour.
If the responding is not replying to the written statement, then yes, you can file an application of order 8 rule 1 or order 8, rule 10 and plead the court to pass the judgement in your favour.
Thank you. Have a nice day.
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