Civil Procedure Code, 1908, Section 148, Order 8, Rule 1 -- Provision of S.148 cannot be invoked to grant time beyond the stipulated period of 90 days available under the provision of O.8.R.1 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- (As amended) - Provision is directory in nature - While extending time to file written statement Court should not exercise discretion arbitrarily - Time can be extended only in exceptional cases after recording reasons in writing...........
Civil Procedure Code, 1908, Order 8, Rule 1-A(3), Civil Procedure Code, 1908, Order 13, Rule 3 -- Documents - Not produced alongwith written statement - Can be received in evidence at the time of hearing of the suit with the leave of the Court - At that stage Court has to consider only the good cause for non production of those documents earlier - Admissibility and..........
Civil Procedure Code, 1908, Section 148, Order 8, Rule 1, 10 -- Written statement - Extension of time to file beyond 90 days from date of service of summons - Can be granted by Court at its discretion on reasonable grounds and in exceptional circumstances to render substantial justice to parties - Word `Shall' used in the provision not mandatory - Ground for delay stated..........
Civil Procedure Code, 1908, Section 148, Order 8, Rule 1 -- Proviso - Written statement - Outer limit of 90 days for filing written statement - Cannot be extended - S.148 CPC has no application...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Bombay High Court (Original Side) Rules - Original jurisdiction - Procedure - Governed by Original side rules and provisions of CPC do not apply - Original side rules are not repealed by amended CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 5, Rule 1 -- (As amended) - O.5.R.1 & O.8.R.1 as amended by Act 22 of 2002 do not apply to proceedings filed before the Amendment Act came into force...........
Civil Procedure Code, 1908, Order 5, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 1 --(As amended) - Suit instituted before commencement of Amendment Act 2002 - Provisions of O.5.R.1 and O.8.R.1 not applicable - Court in its discretion may permit filing of written statement even beyond period of 90 days...........
Civil Procedure Code, 1908, Order 8, Rule 1(5), Civil Procedure Code, 1908, Order 13, Rule 2 -- Document - Not filed in Court with pleadings - Such document cannot be produced without leave of Court - Object of O.8.R.1(5) is to exclude suspicious documents and documents, genuineness of which is doubtful, being received in evidence...........
Civil Procedure Code, 1908, Order 8, Rule 9, 10, 1, Civil Procedure Code, 1908, Order 5, Rule 1 -- Use of word 'Shall' in O.5.R.1, O.8.R.1, O.8.R.9 and O.8.R.10 - It cannot be said that the said provisions are mandatory...........
