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.