Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Period of limitation - Extension of - Held, provision of O.8.R.1 CPC is directory and not mandatory and that for good and sufficient reasons, the statutory period as mentioned in O.8.R.1 can be extended...........
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 allowed to be filed - Costs of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to counter claim - At the fag end of trial - Permission granted to file written statement to the counter claim as opportunity to file written statement was not granted earlier and more so when plaintiff states that he will lead no further evidence after filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Delay in filing written statement - Permission to file - Provision though couched in mandatory form but is directory in nature - Court in exceptional situation, can permit filing of written statement beyond the period of 90 days...........
Civil Procedure Code, 1908, Order 13, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Permission of Court - Reasons not stated for non production of documents earlier - Held, in absence of any cogent reason, and in the absence of any foundation laid in the pleadings or in the oral evidence, order rejecting application for production..........
Civil Procedure Code, 1908, Order 8, Rule 1 -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Extension of time - Provision of O.8.R.1 CPC is directory - However, time can be extended in exceptional hard cases and not in a routine manner and on the mere asking of the defendant...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time - Power of Court - Held, after the amendment of O.8.R.1 CPC an obligation is caste upon defendant to file WS within 30 days after service of summons on him - However, for reasons to be recorded in writing Court may extend the time up to 90 days for filing written statement - Provision of..........
Civil Procedure Code, 1908, Order 8, Rule 1, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Non-filing of written statement - Striking off defence - Instant petition not filed with promptness after passing of impugned order - It has been filed after more than 8 months after passing of impugned order - No explanation for this long delay..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file within time specified - Held, provision of O.8.R.1 CPC is directory and not mandatory - Delay occurred due to transfer of suit from one Court to another Court - Defendant entitled to file written statement subject to payment of cost...........
