Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

When permission to file written statement can be granted whe

 

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



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register