VidhiSangh

Supreme Court of India · 12/01/2024

ASMA LATEEF & ANR versus SHABBIR AHMAD & ORS

[2024] 1 S.C.R. 517 · 2024 INSC 36

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Order VIII Rule 10 CPC is permissive: a court need not decree a suit merely because a defendant failed to file a written statement. The trial court’s unexplained decree against one defendant, without addressing a pleaded objection to the civil court’s jurisdiction while another defendant disputed the suit, was a nullity and could be challenged as inexecutable under Section 47 CPC.

Issues

  1. Whether the trial court could decree a suit against one defendant under Order VIII Rule 10 without determining a pleaded objection to the suit’s maintainability and jurisdiction, when another defendant had filed a written statement.
  2. Whether the resulting decree was a nullity that subsequent purchasers could challenge as inexecutable under Section 47 CPC.

Provisions considered

Held

Result

The appeal was dismissed and the High Court’s judgment upheld. The Court Receiver was discharged and directed to provide accounts within two months; any party’s claim could be raised in accordance with law. Parties were to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 517.