Showing : 1-10 of 12 Results

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..........
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 of defence - Defendant not filed his written statement within statutory period despite being granted last opportunity - Defence of defendant struck off for not filing written statement in time - However, keeping in view the facts and..........
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..........
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...........
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 - Extension of time - Defendant failed to file written statement earlier as documents which were needed to prepare written statement were not available - If some more time is granted, no prejudice will be caused to rights of plaintiff, as rights of..........
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 - Striking off defence - Written statement filed on the date when application for striking off defence was moved - No ground to strike off defence, as defendant was granted time to file written statement till that date and same has been filed on that..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 8, Rule 1, 10-- Written statement - Not filed within 90 days - Provision of O.8.R.1 CPC is directory and not mandatory - In the larger interest of justice defendant directed to file his written statement subject to payment of costs of Rs.5000/-...........
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...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Provision of O.8.R.1. providing time for filing written statement is directory in nature - In the instant case defence struck off due to non-filing of written statement within 90 days of their service - Service of all the defendants not complete - No effective proceedings have..........

Showing : 1-10 of 12 Results