Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - No plausible explanation given as to why there was delay in filing written statement - It is a case of negligence on part of defendant - Learned court below had rightly debarred him from filing written statement - Application dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within stipulated time due to negligence of counsel - Counsel changed - One opportunity to file written statement granted subject to payment of Rs.10, 000/- as costs...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Condonation of - Sickness is pointed out by original defendants before trial court as one of the reasons for delay in filing written statement - Held, provision of O.8.R.1 of the Code is directory in nature and not mandatory - Looking to reasons stated in application given by original..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Sufficient cause for not filing written statement in time - Right to file written statement is a valuable right - Ends of justice would meet in case written statement filed is allowed to be taken on record on payment of costs...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Provision is directory in nature - Court's power to extend time for written statement beyond the period provided by O.8.R.1 CPC is not completely taken away...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time for filing written statement - Court while extending time observed that amendment in Code of Civil Procedure was made just few months back and the counsel and parties making themselves conversant with the same and are in the process of reading and understanding the same - Calls for no..........
Civil Procedure Code, 1908, Section 122, Order 8, Rule 1 -- Filing of written statement - Extension of time - Election petition - Held, provisions of Civil Procedure Code are made applicable for decisions of election petition filed u/s 22 of Panchayat Raj Adhiniyam 1993 - Tribunal closed right of petitioner to file written statement without extending time as stipulated..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5, 10 -- Written statement - Failure to file written statement or when plaint allegations are not specifically or impliedly denied - Held, it is not imperative for the Court to pronounce judgment treating those averments to be admitted and true...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1-A, Evidence Act, 1872, Section 137 -- Any document can be produced in the cross examination of a party and the witness under cross examination can be confronted therewith - Similarly any document can be produced to that end for the witness to refresh his or her memory...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1-A, Civil Procedure Code, 1908, Order 13, Rule 1 -- Late production of documents - Any document which ought to have been produced along with the plaint or written statement, if not produced, can be produced with the leave of the Court at the subsequent stage at the time of hearing -..........
