Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
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 - Not filed within statutory period - Striking off defence - Defendants availed at least three effective opportunities to file written statement so as to contest the suit - However, said opportunities were not availed by defendants - Difficult in getting records and translating them in Court language, would..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period of 90 days - Striking off defence - Defendant has not moved any application before trial Court seeking extension of time to file written statement - Trial Court straightaway struck off the defence of defendant on the ground that more than 90 days had elapsed from the date..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Commercial suit - Written statement not filed within prescribed period - Written statement filed after ex parte order was set aside - Application filed by plaintiff to strike off defence decided subsequently - There is no provision that written statement, if already filed, must be struck off from the record..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Written statement - Not filed within statutory period of 90 days - Landlord yet to lead evidence - Defendant shall suffer irreparable loss and manifest injustice, in case he is not permitted to file written statement and his defence is struck of - Written statement allowed to be taken on record and an..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Defence struck off - Written statement not filed as counsel for defendant met with an accident - Defendant granted one opportunity to file written statement subject to payment of cost of Rs.5,000/-...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Striking off defence - Defence of defendants struck off on the ground that they have sought and got repeated adjournments to file their written statement - However, record reveals otherwise that no repeated adjournments were sought and got by defendants - Matter was..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within statutory period - Striking off defence - Defence of defendant was struck off after 97 days - O.8.R.1 CPC provides 30 days for filing written statement and 90 days grace period showing sufficient cause for delay, which is collectively 120 days - However, trial Court without giving a fair..........
