Balraj Taneja v. Sunil Madan (AIR 1999 SC 3381)

The Delhi High Court decreed specific performance only because the defendants did not file a written statement. The Supreme Court said this is not enough.

• Order 8 Rule 10 CPC gives power, but courts must use it with care.
• A valid judgment needs reasons, issues, and findings. A one-line decree is not a judgment.
• In specific performance, the plaintiff must show readiness and willingness (Section 16(c), Specific Relief Act).

1. Can a court decree specific performance only because no written statement was filed (Order 8 Rule 10 CPC)?
2. Must a judgment under Order 8 Rule 10 meet the definition of “judgment” in Section 2(9) CPC and Order 20 Rule 4(2) CPC?

• Order 8 Rule 10 CPC: Court may pronounce judgment if WS is not filed, but must see if the plaint still needs proof.
• Section 2(9) CPC + Order 20 Rule 4(2): A judgment must state the case, points for decision, findings, and reasons.
• Specific Relief Act, Section 16(c): Plaintiff must plead and prove readiness and willingness.

• Order 8 Rule 10 CPC: Power exists, but use it judicially. If facts are disputed, ask for proof.
• Valid judgment: Must meet Section 2(9) and Order 20 Rule 4(2). Reasons are essential.
• Specific performance: Check Section 16(c) readiness/willingness. High Court did not do this.

No automatic decrees. Absence of a written statement does not excuse the court from testing the plaint, identifying issues, and giving reasons. Specific performance needs strict proof of readiness and willingness.

• Clarifies limits of Order 8 Rule 10 CPC.
• Reinforces the anatomy of a valid judgment.
• Sets the bar for specific performance pleadings and proof.

• 1 “No WS” ≠ automatic decree; apply mind.
• 2 Judgment must record issues, findings, reasons.
• 3 Specific performance demands Section 16(c) proof.
• 4 If plaint shows disputes, take evidence.

Mnemonic: “NO WS? STILL TEST.”

• NO WS → No written statement.
• STILL → Still identify issues and reasons.
• TEST → Test readiness & willingness; ask for proof.

3-Step Hook:

1. Scan the plaint: Any disputed facts?
2. Frame points: Note issues and apply law.
3. Record reasons: Speak to Section 16(c) before relief.

Order 8 Rule 10 CPC

Lets court pronounce judgment if WS is not filed, with judicial caution.

Section 2(9) CPC

Defines “judgment”; reasons are a must.

Order 20 Rule 4(2)

Judgment should state points for decision and findings.

Section 16(c) SRA

Plaintiff must be ready and willing to perform the contract.