Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 1 -- Replication - Once Court permits filing of replication the same would be treated as part of pleadings...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Time limit for filing of written statement - Not mandatory...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Can be compensated with costs but denying the benefit of filing of written statement is unreasonable...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Ex parte proceedings set aside subject to the condition that defendant shall not be permitted to file any reply/written statement - It will cause prejudice to defendant and without any pleading there is no meaning for defendant to participate in the case - Said condition set aside - Trial Court directed to..........
Civil Procedure Code, 1908, Order 8, Rule 1, Delhi High Court (Original Side) Rules, 2018, Rule 3, 4 -- Chapter VII - Written statement - Filed within statutory period but without accompanying affidavit of admission/denial of documents, does not amount to non-est filing, since it cannot be said that nothing was filed at all - However it amounts to a defect that is required..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Written statement is required to be filed within 30 days of service of notice as per provision of O.8.R.1 CPC - Said period is extendable to 90 days - One last effective opportunity to file written statement thus, granted to defendant keeping in view of conditions..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Written statement - Application U.O.7.R.11 CPC filed - Application U.O.7.R.11 CPC is independent of filing of written statement - There is no embargo to file written statement before adjudication of O.7.R.11 CPC application - Provision of O.8.R.1 CPC cannot be ignored or else under..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Period stipulated in O.8.R.1 CPC is not mandatory and application filed belatedly shall be considered based on reasons stipulated in affidavit - Defendant allowed to file written statement subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - In the interest of justice one opportunity granted to file written statement, subject to payment of cost of Rs.10,000/- to be deposited with the Institute of Blinds...........