CPC O.8

  1. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1, 10 - Court has discretionary power to allow the defendant to file written statement even after expiry of period of 90 days provided in Order VIII Rule 1 of the Code - Moreover, the said provision being rule of procedure has been held to be directory and not mandatory in nature - This provision has to be applied with some flexibility and not with rigidity or inflexibility - Rules of procedure are handmaiden to the administration of justice and are meant to meet the ends of justice and not to thwart or obstruct the same. (175) P.L.R.
  2. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1, Order 7, Rule 11 - Defendant had suffered a statement before the trial Court that he will not file a written statement and he will take his objection for rejection of the plaint to its logical end - The Court has, therefore, observed while dismissing the application that the defence is also struck  off - Would allow  for a statement to be received within a period of four weeks from the date of receipt of copy of the order - If statement is filed, same may be received and the Court shall also receive the draft of issues from the parties when the statement is filed and set the same at a hearing within a period of four weeks from then on and post the case for trial immediately thereafter. (173) P.L.R.
  3. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1 - Evidence - Application for producing the documents - They were always accessible by the appellant/defendant and could have been produced at the earlier stages of the   suit - Respondent respondent/plaintiff has already been cross-examined on that aspect of the matter and the documents at that point of time were not summoned or produced by the appellant/defendant - Learned Single Judge has not erred in refusing leave under Order VIII Rule I.A. - Central Government Notification and is to be found in the official gazette and, therefore, could be produced before the Court at any stage.   D(182) P.L.R.
  4. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1 - Filing of written statement - Permission as to - Provisions are directory and not mandatory and that the extension of time may be allowed if it is noted to be given to the circumstances which are exceptional and occasioned by reasons beyond the control of the defendant or that grave injustice was occasioned if the time was not extend.  (179) P.L.R.
  5. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1 - Striking of defence - Are directory in nature and not mandatory. (177) P.L.R.
  6. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1 - Striking of defence - Are directory in nature and not mandatory. Balwinder Singh Alias Balwinder Singh Kamboj v. Sat Narain . (177) P.L.R.
  7. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1 - Striking of the defence on failure to filing of the written statement - Provisions are not mandatory but directory in nature.  (182) P.L.R.
  8. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1 - Written statement - Delay - It cannot be held that the court extended the time in routine - The Court has held that this delay was due to filing of applications by the plaintiff and the application filed by the defendant for setting aside the ex parte proceedings etc. - Otherwise also, this is a case filed by the plaintiff for compensation to the tune of Rs.15 crores.    (177) P.L.R.
  9. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1 and Rule 10 - Non-filing of written statement - Defence struck off - Court has discretionary power to allow the defendant to file written statement even after expiry of period of 90 days provided in Order 8 Rule 1 of CPC - Moreover, the said provision being rule of procedure has to be held to be directory and not mandatory in nature - This provision has to be applied with some flexibility and not with rigidity or inflexibility - Rules of procedure are handmaid to the administration of justice and are meant to meet the ends of justice and not to thwart or obstruct the same.  (182) P.L.R.
  10. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1-A(4) - Pleaded that the cause of action arose to the plaintiff against the defendant firstly about a month back and lastly on yesterday when he finally refused to admit the claim of the plaintiff - Defendant had not specifically denied the cause of action accrued to the respondent-plaintiffs - Suit filed claiming a declaration of ownership, cannot be said to be barred by law of limitation - Article 58 of the Limitation Act provides a period of three years to claim a declaration when a right to file suit accrues.  (178) P.L.R.
  11. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1A(3) - Written statement is not accompanied by the documents which are mentioned therein - Discretion has been given to the Court under Order 8 Rule 1A(3) of the CPC to allow the defendant to produce the document in evidence, which ought to have been produced by him with the written statement, if the Court deems it fit. (177) P.L.R.
  12. Civil Procedure Code, 1908 (V of 1908) Order  8, Rule 1A(3) - Written statement is not accompanied by the documents which are mentioned therein - Discretion has been given to the Court under Order 8 Rule 1A(3) of the CPC to allow the defendant to produce the document in evidence, which ought to have been produced by him with the written statement, if the Court deems it fit. . (177) P.L.R.

Register SCeJ  Free Updates*


Supreme Court e@journal
PUNJAB LAW REPORTER


Subscribe or take a 4 week FREE trial 

Note: Please fill out the fields marked with an asterisk.