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Supreme Court of India · 2013-03-18

SHANTILAL GULABCHAND MUTHA vs TATA ENGINEERNG & LOCOMOTIVE CO.LTD.&ANR

Citation / case number
SC 2005/17517
Court
Supreme Court of India
Petitioner
SHANTILAL GULABCHAND MUTHA
Respondent
TATA ENGINEERNG & LOCOMOTIVE CO.LTD.&ANR
Author
FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN
Bench
FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN

Judgment text excerpt

The Supreme Court held that the application of Order VIII Rule 10 of the Code of Civil Procedure, 1908 (CPC) requires the court to exercise caution before passing a judgment in favor of the plaintiff when the defendant has not filed a written statement. The court emphasized that it must ensure that no disputed questions of fact exist before proceeding with such a judgment. The appeal was dismissed, affirming the High Court's decision that the ex parte decree was valid despite the appellant's claims of having paid the amount in full.

SHANTILAL GULABCHAND MUTHA vs TATA ENGINEERNG & LOCOMOTIVE CO.LTD.&ANR · Niyam