Published on: 13 July 2023 at 18:05 IST
Court: High Court of Delhi
Citation: Christian Broadcasting Network, INC v. CBN News Private Limited (2018)
Honourable High Court of Delhi has held that the intention of the Order VIII Rule 10 of the Code of Civil Procedure, 1908 to expedite the process of justice. It is held that the Civil Courts can invoke its provisions to curb dilatory tactic which are often resorted to by Defendants. It is however held that the Civil Courts must be cautious and judge the contents of the plaint and documents on record as being of an unimpeachable character, not requiring any evidence to be led to prove its contents.
10. The defendant was served and entered appearance on 07.02.2018 and sought time to comply with the order of this court dated 29.11.2017. On 19.03.2018, this court closed the right of the defendant to file the written statement. Afterwards the learned counsel for the defendant entered appearance and submitted that the written statement has been filed on 17.03.2018 but the same is not on record.
11. On 12.04.2018 the parties requested that they would like to settle the matter through mediation and they were directed to Mediation and Conciliation Center of this court. However, no settlement could be arrived at.
12. I have heard arguments and have examined the contents of the plaint and the documents placed on record. It is also pertinent to mention that defendant has failed to file the written statement. The plaintiff has filed an application under Order 8 Rule 10 CPC i.e. I.A. 11603/2018.
Drafted By Abhijit Mishra