MOHAMMED YUSUF versus FAIJ MOHAMMAD & ORS .

MOHAMMED YUSUF versus FAIJ MOHAMMAD & ORS .

The High Court erred in setting aside the trial and revisional courts' orders without assigning reasons and without finding illegality, irrationality, or procedural impropriety; both lower courts had given cogent reasons for rejecting the written statement. High Court exceeded its limited jurisdiction under Articles 226 and 227.

Parties
Appellant: Mohammed Yusuf; Respondents: Faij Mohammad & Ors.
Jurisdiction
India
Judgment Date
02 December 2008
Procedural Posture
Civil Appeal / Final Judgment on Appeal Against High Court Order in Writ Petition
Outcome
Appeal allowed; High Court judgment set aside
Legal Topics
Writ Jurisdiction, Extension of Time for Written Statement, Order 8 Rule 10 CPC, Articles 226 and 227 of Constitution
Civil Procedure Writ Jurisdiction Extension of Time for Written Statement Order 8 Rule 10 CPC Articles 226 and 227 of Constitution

Case Brief

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Parties

Mohammed Yusuf

Appellant

Faij Mohammad & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal Against High Court Order in Writ Petition

Legal Issues

  1. 1 Whether High Court acted within its jurisdiction in setting aside orders of trial and revisional courts refusing to accept written statement beyond prescribed period
  2. 2 Interpretation of Order 8 Rule 1 and Rule 10 of CPC regarding extension of time for filing written statement

Ratio Decidendi

The High Court erred in setting aside the trial and revisional courts' orders without assigning reasons and without finding illegality, irrationality, or procedural impropriety; both lower courts had given cogent reasons for rejecting the written statement. High Court exceeded its limited jurisdiction under Articles 226 and 227.

Court Disposition

Appeal allowed; High Court judgment set aside

Orders

  • Impugned High Court judgment set aside
  • No order as to costs