ISSUE:
Whether a suit for specific performance can be decreed solely on the ground that the defendant failed to file a written statement under Order 8 Rule 10 CPC?
Whether a judgment under Order 8 Rule 10 CPC must satisfy the requirements of a "judgment" under Section 2(9) CPC and Order 20 Rule 4(2) CPC, including reasoning and determination of issues?
RULE:
While courts may pronounce judgment when a defendant fails to file a written statement, discretion must be exercised judicially. The court must assess whether the facts in the plaint, even if deemed admitted, are sufficient to justify a decree or whether proof is still required.
A judgment under Order 8 Rule 10 CPC must conform to Section 2(9) CPC and Order 20 Rule 4(2) CPC. It should contain the statement of the case, points for determination, decision thereon, and reasoning for the decision. A mere order decreeing the suit without discussing the merits is insufficient.