Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond period of 90 days from the date of service of summons - Provision is not mandatory but directory - Written statement can be accepted even after expiry of 90 days from the date of service of summons in exceptionally hard cases...........
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit U.O.1.R.8 CPC - Exparte decree passed - Execution - Respondent Nos.1 & 2 not party to the suit - Respondent Nos.1 & 2 seeking to set aside the exparte decree and for getting themselves added as additional defendant - Executing..........
Civil Procedure Code, 1908, Order 1, Rule 8, 10 -- Addition of a party - Representative suit - Addition of a party by executing Court - Village pathway subject matter of suit - Suit filed on the premise that it is the personal property of the plaintiff - Those who use the pathway or at least have lands adjacent thereto should ordinarily be impleaded as parties - Suit was..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of after prescribed time - Written statement can be taken on record in exceptional circumstances - Reasons assigned beyond control and exceptional i.e. sickness and travelling miles together to earn wages - Application to file written statement after the expiry of 90 days allowed...........
Civil Procedure Code, 1908, Section 9, Order 1, Rule 8 -- Jurisdiction - Civil Court to decide all civil suits unless barred - Suit for declaration that decree obtained is null and void and not binding as being obtained by fraud, collusion, illegal and without jurisdiction - Suit in representative capacity - No proclamation in village as required by O.1.R.8 CPC - Held,..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of beyond 90 days - Discretion of Court to extend time not to be used frequently and routinely so as to nullify period of 90 days...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond 90 days - Court can allow - Court is given the discretion to pronounce or not to pronounce the judgment against the defendant even if written statement is not filed and instead pass such orders as it may think fit in relation to the suit - Court has the power and discretion to allow the..........
Delhi Rent Control Act, 1958, Section 3(c), 8, 14(1)(e), Civil Procedure Code, 1908, Order 23, Rule 1 -- During pendency of eviction petition rent increased u/s 6-A of the Act after issuing notice u/s 8 of the Act - Rent exceeded Rs.3500/- p.m. - S.3(c) of the Act will come into operation - Rent Act will not remain applicable - Landlord has a right to withdraw eviction..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Application to file written statement filed by an illiterate lady and a Sweeper by occupation - Application not properly worded explaining reasons or cause of failure to file written statement in due time - Lapse liable to be viewed as a fault attributable to mofussil and unskilful drafting - Permission to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing in time - Defence struck off on 92nd day - Written statement could not be filed due to non receipt of copy of plaint alongwith summons by defendant - Provision of O.8.R.1 CPC is directory in nature - Court in exceptional circumstances can extend time beyond 90 days for filing written statement so..........
