Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Written statement not filed within 30 days from the date of service of summons - Application filed on the 90th day from the date of service of summons seeking permission to file written statement - Defendant remained ill for more than one month - Sufficient reason for delay in filing..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Non filing of - Defence struck off - Written statement not filed due to some official lapse and the same not prepared in time - Provision of O.8.R.1 is directory and not mandatory in nature - Rules of procedure are handmaid of justice to enhance the same and not to subvert it - One more opportunity..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond 90 days - Provision of O.8.R.1 is not mandatory - If sufficient cause is shown then defendant can be permitted to file written statement beyond a period of 90 days...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within stipulated period - Case still fixed for service on other defendants and under that impression written statement was not filed - One opportunity given to file written statement...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay - Condonation - Applicant not supported by an affidavit is of no consequence as it is only an irregularity which can be cured - Even an oral prayer for condonation of delay in filing the written statement can be made in the peculiar facts and circumstances of the case - Court had granted only 10 days..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Because of not filing written statement within 30 days despite two opportunities - Held that the provisions of Order 8 Rule 1 of the Code directory arid not mandatory - Trial Court should have further extended the time for filing the written statement as the period of 90 days had not..........
Civil Procedure Code, 1908, Section 148, Order 8, Rule 1 -- Written statement - Allowed subject to payment of costs - Non payment of costs in time - Extension of time - Sufficient reasons not given - However, considering the nature of dispute and the fact that Court had already granted permission to file written statement, party should not suffer of his right to contest..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Court granted time to file written statement beyond 90 days - Held, a party cannot be made to suffer if Court commits a mistake...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of, within 30 days of service of summons and within the extended time falling within 90 days - Nature of provision is procedural - A procedural law should not ordinarily be construed as mandatory...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Period prescribed U.O.8.R.1 CPC for filing written statement can be extended for sufficient cause...........
