West Bengal Premises Tenancy Act, 1997, Section 7(1)(a), 21, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non-acceptance of written statement - Opposite party prayed for eviction claiming petitioner as his licencee and said licence was already revoked before filing of suit then onus to prove said status would be lying upon opposite party - Similarly,..........
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 special and extraordinary..........
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 circumstances of case one last..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Neither any exceptional reasons assigned by defendants for not filing written statement within time nor any application for extension of time to file written statement was filed - It is case of laxity or gross negligence on part of defendants - Defendants are not serious in defending..........
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 payment of cost of Rs.1 lakh...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case, exceptional grounds are there...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defence struck off on the ground that written statement not filed inspite of availing various opportunities though period of 90 days has not expired - Court has discretion to allow defendant to file written statement even after expiry of period of 90 days, in case exceptional grounds are there - Impugned..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Objection in respect of taking written statement on record was filed after 11 months of its filing - Once written statement was already on record and with a delay of only nine days, Court below ought to have exercised its discretion to promote the ends of justice rather than to non suit the defendant on..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement, beyond prescribed period, can be granted by Court in exceptional circumstances and due to reasons beyond control of defendant - But extension is not automatic - Prayer for seeking extension to file written statement has to be made in writing...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Extension of time - Reason for not filing written statement within prescribed time was that summoning of remaining defendants was still not complete - Held, this is hardly a reason to justify the non fling of written statement within stipulated time frame...........
