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Non Rebuttal Of Contents Of Plaint

The Plaintiff utilized Order 8 Rule 10 of the Civil Procedure Code (CPC) to their advantage against the Defendants. Order 8 Rule 10 CPC allows a plaintiff to seek a judgment in their favor when the defendant fails to appear or file a written statement in response to the summons served to them.

Here, despite being served with the summons of the suit, the Defendants neither appeared in court nor filed any reply to contest the claims made by the Plaintiff. As a result, the Plaintiff moved forward with invoking Order 8 Rule 10 CPC, essentially requesting the court to grant them a favorable judgment due to the defendants' non-appearance and failure to respond.

The Hon'ble High Court of Delhi, after considering the circumstances and the lack of response from the Defendants, decreed the suit in favor of the Plaintiff. The court's decision was based on the fact that the Plaintiff's contentions remained unrebutted due to the Defendants' absence and failure to present any counterarguments or defenses.

In essence, by invoking Order 8 Rule 10 CPC, the Plaintiff was able to secure a favorable outcome in their case without the need for a full trial, as the Defendants' non-appearance and lack of response were deemed sufficient grounds for the court to rule in the Plaintiff's favor. This highlights the importance of complying with legal procedures and deadlines in litigation, as failure to do so can result in adverse consequences for the party in default.

Case Title: Bennett Coleman And Company Limited vs Timespro Consulting
Order Date: 05.02.2024
Case No. CS Comm 723 of 2022
Name of Court: Delhi High Court
Neutral Citation:Not available
Name of Hon'ble Judge: Anish Dayal H.J.

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

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