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Home > Judiciary > Civil Law > Provisions of Order 8 Rule 1 CPC are directory and are not mandatory



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Provisions of Order 8 Rule 1 CPC are directory and are not mandatory

Posted on 24 November 2010 by raj kumar makkad

Court

Punjab & Haryana High Court



Brief

Non-filing of the written statement within stipulated period of time- applicability of provision of Order 8 Rule 1 Civil Procedure Code- Whether Defendant-petitioner can file written statement before the learned Trial Court?



Citation

Sakshi Sehgal Vs. State Bank of India (Decided on 29.10.2010) MANU/PH/2204/2010



Judgement

Held, by keeping in mind , the golden rule that provision of Order 8 Rule 1 C.P.C. are not mandatory rather directory in nature and on sufficient cause being shown, Defendant can be permitted to file written statement after expiry of 90 days the court allowed Defendant- petitioner to file written statement before the learned Trial Court on or before 30.11.2010 with advance copy to the Plaintiff. Defendant - Petitioner herein had to pay Rs. 5,000/- as costs to the Plaintiff. It was made clear that no further time would be granted to Defendant in the event of non-filing of the written statement.





Tags :- provisions order 8 rule 1 cpc directory mandatory




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