Showing : 41-50 of 135 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 10-- Written statement - Non filing within time - Plaintiff able to satisfactorily discharge obligations by making out a case for passing a decree against defendant - It is appropriate to dispense with the requirement of plaintiff to file an affidavit by way of evidence in support of its pleadings -..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1, 10-- Written statement - Non filing within time - Court can ask plaintiff to prove its case even when written statement is not filed when plaintiff is not able to make out a blemishless case in its favour entitling it to the relief prayed for in the suit - Court in special circumstances can also grant..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within stipulated time - Extension of time - Explanation rendered for delay in filing written statement neither mala fide not improbable and is a plausible explanation - Delay in filing written statement condoned...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1, 1A-- Late production of documents - Document in possession or power of defendant on which he bases his defence or claim for set-off or counter claim shall be produced at the time of filing of written statement - Defendant if not in possession of a document will state in whose possession or power it is..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Delay in filing within time - Extension of time - Reasons stated for the delay found to be just and sufficient - In the interest of justice delay in filing written statement condoned...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 10-- Written statement - Non filing within time - Court is still obliged to write a judgment as understood in common parlance - The whole process of reasoning has to be set out for deciding the case one way or the other - Judge cannot merely say `suit decreed' - Whole process of reasoning has to be set..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Filing beyond 30 days - Defendant received copy of plaint wherein certain pages were missing - Copy of those pages was given subsequently on 31.7.2006 - Defendant filed written statement on 11.9.2006 - Provision of O.8.R.1 is directory and not mandatory - Liberal approach..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Non filing within time - Provision of O.8.R.1 CPC is directory and not mandatory - Court can extend time for sufficient reasons - In the instant case Court itself felt that there are sufficient reasons for not filing the written statement due to filing of so many applications..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Delay - Extension of time - Laches on the part of defendants - Merely because there are laches on the part of defendants, their right to file written statement should not be forfeited and reasonable costs should be imposed - Period of ten days granted to defendants for filing..........
KERALA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Exclusion of counter claim - Mere fact that counter claim has been permitted to be set up by way of amendment to written statement does not disable the Court from excluding it later - Plaintiff is entitled to file an application for exclusion of counter claim notwithstanding the fact that the same..........

Showing : 41-50 of 135 Results