When permission to file written statement can be granted when filed after delay?
The Hon'ble Supreme Court of India in the ruling of Kailash v. Nanhku and
others, held that –
“The object and purpose behind enacting Order VIII Rule 1 of the Civil
Procedure Code in the present form and the context in which the provision is
placed, we are of the opinion that the provision has to be construed as directory
and not mandatory. In exceptional situations, the court may extend the time for
filing the written statement though beyond time limits as referred to in the said
provision. However, the extension of time shall be only by way of exception and
for reasons to be recorded in writing. Furthermore, it is also concluded in para 45
departure their from would be by way of exception.”
6.
that ordinarily the time schedule contained in the provision is to be followed and
In M/s. R.N.Jadi and Brothers & Ors.v. Subhashchandra's case, the legal
position in this regard was clarified with following observations.
“The provision does not deal with the power of the Court and also does
not specifically take away the power of the Court to take the written statement on
record though filed beyond the time as provided for. Further the nature of the
provisions contained in Order VIII Rule 1 is procedural. It is not the part of the
substantive law. In other words, object is to expedite the hearing and not to
scuttle the same. The balance has to be maintained by the Court. While justice
delayed may amount to justice denied and justice hurried in some cases may
amount to justice buried.”
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4400/2012
Ravindralal Biharilal Srivastava,
...VERSUS...
2) Shri V. R.Bahir,
CORAM : A. P. BHANGALE, J.
DATED : 27.06.2013
-https://www.lawweb.in/2013/11/when-permission-to-file-written.html