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Criminal Procedure Code QUESTION #9507
Question 1
A written statement is not filed by the defendant within the prescribed time. The trial Court strikes off the defence and proceeds ex parte. The defendant argues the Court cannot impose this sanction. Is the Court's action valid?
  • No; the Court can only adjourn and cannot strike off defence
  • No; striking off the defence requires the consent of the plaintiff
  • Yes; under Order VIII Rule 10, if a defendant fails to file a written statement within the time fixed, the Court may proceed to pronounce judgment or may, at its discretion, allow further time after striking off the right to file a written statement✔️
  • No; the Court must give unlimited opportunities to file a written statement
Correct Answer Explanation
Order VIII Rule 10 CPC empowers the Court to pronounce judgment or take any other order it deems fit if a defendant omits or refuses to file a written statement within the time allowed. Striking off the defence and proceeding ex parte is within the Court's discretion as a consequence of non-compliance.