Penalty for default. Civil procedure code 1908

Penalty for Default under Civil Procedure Code 1908

The Civil Procedure Code, 1908, is an important legislation that governs the procedure to be followed in civil court proceedings in India. The Code contains provisions for various aspects of civil procedure, including the consequences of default by parties to a legal proceeding. This article discusses the penalty for default under the Civil Procedure Code 1908, providing a comprehensive overview of the relevant legal provisions and their implications.

Definition of Default

Default in a legal context refers to the failure of a party to comply with a requirement or obligation imposed by law. In the context of civil proceedings, default can take various forms, such as the failure to appear in court, the failure to file a written statement or a written statement in time, the failure to produce evidence, or the failure to comply with a court order.

The Civil Procedure Code 1908 contains specific provisions that deal with the consequences of default by parties to a legal proceeding. These provisions are aimed at ensuring the smooth conduct of legal proceedings and achieving the ends of justice.

Consequences of Default

The consequences of default under the Civil Procedure Code 1908 are outlined in Order IX, Rule 13 of the Code. This provision empowers the court to proceed with the case in the absence of the defendant if the defendant fails to appear on the date of hearing. The court may proceed ex-parte and pass a judgment based on the evidence presented by the plaintiff. However, in certain circumstances, the defendant may apply to set aside the ex-parte order if they can show sufficient cause for their non-appearance.

Further, Order VIII of the Civil Procedure Code 1908 deals with the consequences of default in filing pleadings. If the defendant fails to file a written statement in response to the plaintiff’s claim, the court may pass a judgment based on the merits of the plaintiff’s case. Additionally, the defendant may be precluded from leading evidence and may be deemed to have admitted the allegations made in the plaintiff’s pleading.

Penalty for Default

The Civil Procedure Code 1908 also provides for specific penalties for default by parties to legal proceedings. Section 35 of the Code empowers the court to impose costs on a party for causing unnecessary delays or for any other unreasonable conduct during the course of the proceedings. These costs may be in the nature of compensation to the other party for their expenses incurred as a result of the default, and they may be awarded at the discretion of the court.

Moreover, Order XVII Rule 3 of the Civil Procedure Code 1908 allows the court to impose penalties for non-compliance with its orders. If a party fails to comply with a court order, the court may impose penalties, including fines, for such non-compliance. The court may also take further action, such as striking off the defense of the defaulting party or initiating contempt proceedings.

Setting Aside Default

While the Civil Procedure Code 1908 provides for penalties for default, it also allows for certain reliefs to be granted to parties who have defaulted. Order IX, Rule 13 of the Code allows the court to set aside an ex-parte decree if the defendant can show sufficient cause for their non-appearance. The court may set aside the decree and restore the case to its original position if it is satisfied that the defendant had a valid reason for their non-appearance.

Similarly, Order IX, Rule 13A of the Civil Procedure Code 1908 provides for the setting aside of a dismissal for default. If a suit is dismissed for default, the defendant may apply to have the dismissal set aside, and the court may, in its discretion, set aside the dismissal and restore the suit if it is satisfied that there was sufficient cause for the defendant’s non-appearance.

Conclusion

In conclusion, the Civil Procedure Code 1908 contains provisions for dealing with default by parties to legal proceedings. The Code provides for the consequences of default, including the imposition of costs, penalties for non-compliance with court orders, and the setting aside of ex-parte decrees and dismissals for default. These provisions are aimed at ensuring the expeditious and fair conduct of legal proceedings and at preventing parties from taking undue advantage of delays or non-compliance. It is important for parties to be aware of the provisions of the Code relating to default and to comply with their obligations to avoid the imposition of penalties and adverse consequences.