RANI KUSUM versus KANCHAN DEVI AND ORS.

RANI KUSUM versus KANCHAN DEVI AND ORS.

Order VIII Rule 1 of CPC, though amended to provide a time schedule for filing written statement, is procedural and directory, not mandatory; the power of the court to accept written statements filed beyond 90 days is not completely taken away, and extension of time may be allowed in exceptionally hard cases for reasons to be recorded.

Parties
Appellant: Rani Kusum; Respondent: Kanchan Devi and Ors.
Jurisdiction
India
Judgment Date
16 August 2005
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Code of Civil Procedure Order VIII Rule 1, Written Statement Time Extension, Procedural Law
Civil Procedure Code of Civil Procedure Order VIII Rule 1 Written Statement Time Extension Procedural Law

Case Brief

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Parties

Rani Kusum

Appellant

Kanchan Devi and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether a written statement filed beyond the prescribed period under Order VIII Rule 1 CPC can be accepted by the court
  2. 2 Whether the amended Order VIII Rule 1 CPC is mandatory or directory in nature

Ratio Decidendi

Order VIII Rule 1 of CPC, though amended to provide a time schedule for filing written statement, is procedural and directory, not mandatory; the power of the court to accept written statements filed beyond 90 days is not completely taken away, and extension of time may be allowed in exceptionally hard cases for reasons to be recorded.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without any order as to costs