Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Provision is directory and not mandatory - Power of Court to extend time for filing written statement beyond time schedule provided U.O.8.R.1 CPC is not completely taken away - Time schedule contained in the provision is to be followed as a rule and departure therefrom would be by way of exception - Extension of time may..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- `Shall' - Use of the word `shall' in the provision by itself is not conclusive to determine whether the provision is mandatory or directory - Ordinarily use of word `shall' indicates the mandatory nature of he provision but having regard to the context in which it is used or having regard to the intention of the legislation,..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Provision is directory and not mandatory - Power of Court to extend time for filing written statement beyond time schedule provided U.O.8.R.1 CPC is not completely taken away - Time schedule contained in the provision is to be followed as a rule and departure therefrom would be by way of exception - Extension of time may..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- `Shall' - Use of the word `shall' in the provision by itself is not conclusive to determine whether the provision is mandatory or directory - Ordinarily use of word `shall' indicates the mandatory nature of the provision but having regard to the context in which it is used or having regard to the intention of the legislation,..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 13, Rule 2, Civil Procedure Code, 1908, Order 8, Rule 1-A(3) -- Document - Sought to be received in evidence - Application cannot be filed U.O.13.R.2 as it stands omitted by CPC (Amendment) Act, 2002 - Documents can be received U.O.7.R.14(3) or O.18.R.1-A(3) CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Provision providing for maximum period of 90 days is not mandatory - However, time can be extended only in exceptionally hard cases - Discretion of the Court to extend time shall not be so frequently and routinely exercised so as to nullify the period fixed by O.8.R.1 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of - Delay - Condonation on the plea of defendant being Pandas have to travel to earn livelihood - Plea seems to be bonafide - Delay condoned subject to costs...........
Civil Procedure Code, 1908, Section 2(9), Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 1, 4(2) -- Defendant proceeded ex parte - Merely for this reason, allegations in complaint cannot be accepted to be correct - Court has to record a finding or call for evidence in support of the plaint allegations...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Filing counter claim and allowing the same interse defendants - Permissibility and legality - Neither permitted nor legal - Granting relief on such counter claim - Illegal...........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Time frame of 90 days - Not mandatory - In view of power conferred on Court in R.10 `to make such order in relation to suit as it thinks fit', Court is not prohibited from granting time beyond 90 days to file written statement invoking S.148 CPC in the interest of justice for reasons to be recorded on..........
