Showing : 1-10 of 74 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Non filing within statutory period - Non-commercial disputes - Provision of O.8.R.1 CPC is directory and does not do away with the inherent discretion of Courts to condone certain delays...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Non filing within statutory period - Provision of O.8.R.1 CPC is directory but it cannot be interpreted to bestow a free hand to a litigant to file written statement at his own sweet will and/or to prolong the lis - Delay can be condoned in extreme hardship or delays occurring..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Section 151-- Temporary injunction - Non filing of reply by defendant - Right to file reply closed on 19.12.2017 - Defendant seeking to file reply to temporary injunction application on 31.01.2019 - O.8.R.1 CPC gives 30 days time to defendant to file reply to temporary injunction application and thereafter in..........
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..........

Showing : 1-10 of 74 Results