Showing : 1-10 of 61 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Non filing of written statement within stipulated time - Condonation of delay - Provision of O.8.R.1 CPC though, procedural in nature and hand maid of justice - However, that does not mean that defendant has right to take as much time as he wants in filing written statement, without giving..........
JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Delay in filing - Time limit fixed for filing written statement is binding on defendants - But in appropriate cases, Court may extend time for filing written statement - Provision U.O.8.R.1 CPC does not put a bar on power of Court to extend time for filing written statement..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151-- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the instant case right to file written statement was closed before..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within 90 days by defendant due to sickness of his Counsel who moved out of State for his treatment - Defendant being a layman did not understand the nuances and technicalities of law and had relied upon the legal advice given to him - Defendant may suffer in case..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 13, Rule 1(3)(a), Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents by defendant to confront plaintiff during plaintiff's cross-examination - Not permissible - Defendants had to follow mandate as contained in O.8.R.1 CPC, which it had to otherwise rely upon in a list of documents as required by law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within 90 days - Court has discretion to allow defendant to file written statement even after expiry of 90 days under exceptional circumstances as O.8.R.1 CPC is directory - Even Court has discretion to grant more than three opportunities/adjournments in case of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within 90 days - Striking off defence - O.8.R.1 CPC being procedural is not mandatory - It does not impose embargo on powers of Court to extend time, especially in the circumstances, when no penal consequences have been provided - Application allowed subject to..........
JHARKHAND HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Suit for declaration - Defendant No.1 by way of counter claim only tried to seek relief in respect of suit property to which it had not only objected to plaintiff's cause of action but also claimed its own right, title, ownership and possession in the written statement - Subsequent..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(1)-- Counter claim - Separate decree not required to be drawn if counter claim is decreed as counter claim is not required to be registered as a separate suit - Whenever a set-off or counter-claim is allowed, the decree shall state what amount is due to the plaintiff and what amount is due to the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within 90 days - Provision of O.8.R.1 CPC is directory in nature and filing of written statement beyond 90 days should be allowed to avoid extreme hardship and not in routine manner...........

Showing : 1-10 of 61 Results