Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - In the interest of justice one opportunity granted to file written statement, subject to payment of cost of Rs.10,000/- to be deposited with the Institute of Blinds...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Defendants availed at least three effective opportunities to file written statement so as to contest the suit - However, said opportunities were not availed by defendants - Difficult in getting records and translating them in Court language, would..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of period of limitation for filing written statement - High Court has not committed any error in extending period of limitation in filing written statement, as period of limitation which could have been extended and/or condoned by Tribunal/Court is excluded and/or extended up to 7.10.2021 as per..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Period upto which delay could be condoned was 120 days and not beyond that - Filing of written statement by defendant after 128 days, held not accepted - Order permitting defendant to file written statement quashed and set aside...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period of 90 days - Striking off defence - Defendant has not moved any application before trial Court seeking extension of time to file written statement - Trial Court straightaway struck off the defence of defendant on the ground that more than 90 days had elapsed from the date..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Commercial suit - Written statement not filed within prescribed period - Written statement filed after ex parte order was set aside - Application filed by plaintiff to strike off defence decided subsequently - There is no provision that written statement, if already filed, must be struck off from the record..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Averment in plaint not admitted and it was stated that it is for plaintiff to prove such allegations - It means that averment has been admitted...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - A reply statement or a subsequent pleading can be introduced only to place on record a new fact or explanation to certain pleadings in the written statement or in the plaint which had already been filed - Reply statement to explain contents of judgment is not known to law - Dismissal of application calls for no..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Period of 90 days for filing written statement is directory - However, it is mandatory in the Commercial Courts under the Commercial Courts Act, 2015...........
