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 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...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Provision of O.8.R.1 CPC ordinarily ought to be adhered to - Court should not be too harsh to strike of the defence of defendant at very early stage - It is thus, deemed appropriate to grant one more opportunity to defendant for filing written..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Written statement - Not filed within statutory period of 90 days - Landlord yet to lead evidence - Defendant shall suffer irreparable loss and manifest injustice, in case he is not permitted to file written statement and his defence is struck of - Written statement allowed to be taken on record and an..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period of 90 days - Time of 90 days prescribed for filing written statement U.O.8.R.1 CPC in an ordinary suit is directory and not mandatory - Court has discretion to grant further time to defendant in exceptionally hard cases by directing defendant to pay cost to plaintiff so as..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Closure of right to file written statement - Defendant deliberately delaying adjudication of suit firstly by not filing written statement on record in time and thereafter by not appearing before trial Court - Explanation given by defendant for his non-appearance is that he was advised by counsel not to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Written statement had not been filed along with costs either within stipulated time period of 30 days or within extended period of 120 days - First counsel for defendant expired after 30 days period for filing written statement had lapsed - Application..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Opportunity to file written statement closed and defendant proceeded ex parte - Provision of O.8.R.1 CPC is directory and not mandatory - Impugned order cannot be sustained - Opportunity given to defendant to file written statement...........
