Showing : 41-50 of 131 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Extension of time - May be allowed by way of an exception - Extension of time may be allowed if it was needed to be given for the circumstances which are exceptional, occasioned by reasons beyond the control of defendant and grave injustice would be occasioned if time was not..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 8, Rule 1- - Written statement - Court can extend time for filing written statement under compelling reasons, if it could not be filed within time frame of either 30 days or 90 days - Purpose of establishment of courts are to impart substantial justice to parties and not scuttle justice on technicalities...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Non filing within stipulated time - Provision of O.8.R.1 CPC is directory in nature - It is within the discretion of Court to take on record the written statement filed belatedly - Delay of 30 days - Suit for specific performance - In the interest of justice, written statement,..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Extension of time - No conclusive material on record to indicate that plaint and other documents were served upon plaintiff - Trial Court refused to extend time for filing written statement - Challenge thereto - Held, impugned order quashed and set aside - Written statement..........

Showing : 41-50 of 131 Results