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..........
Civil Procedure Code, 1908, Section 148, Order 8, Rule 1, 9, 10 -- Written statement - Enlargement of time beyond 90 days - Court has discretion to enlarge time beyond 90 days - Maximum limit of 90 days prescribed U.O.8.R.1 is only a guiding factor and not a basis to deny power conferred on Court under S.148 - Extension of time can be granted in the interest of justice for..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- 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 be..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Proviso, Representation of the People Act, 1951, Sections 87 & 86 - Election petition - High Court has power to fix a date for filing written statement which power includes to fix a date not merely once but again and again depending on the discretion of the High Court - This power of High Court is not controlled by O.8.R.1..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- 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 be..........
Civil Procedure Code, 1908, Order 8, Rule 1, Representation of the Peoples Act, 1951, Section 87, 86 -- Election petition - High Court has power to fix a date for filing written statement which power includes to fix a date not merely once but again and again depending on the discretion of the High Court - This power of High Court is not controlled by O.8.R.1 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 8, Rule 1 -- Exparte order - Set aside - Filing of written statement beyond 90 days - Held, amendment of provision of O.8.R.1 cannot be construed as a fetter on the Court to allow parties to file written statement beyond time prescribed...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Time frame for filing the same - Failure to file - Conduct - Relevant - Defendant appeared without service of summons - Delay to be condoned - Written statement expiry of time - Allowed...........
Civil Procedure Code, 1908, Section 129, 122, Order 8, Rule 1 -- Written statement - Period 90 days from service - Has no application on the High Court while exercising original side jurisdiction - Rules framed by High Court and protected under S.129 as regards proceedings on original side need not be consistent with provisions of Code - Section 97 of Amending Act of 2002..........
Civil Procedure Code, 1908, Order 8, Rule 1, 9 -- Written statement - To be filed within 90 days - However, Court on perusal of materials, if requires a written statement for an efficacious adjudication then it may exercise its discretion U.O.8.R.9 CPC and direct defendant to file written statement within thirty days...........
