SAMBHAJI & ORS. versus GANGABAI & ORS.

SAMBHAJI & ORS. versus GANGABAI & ORS.

The proviso to Order 8 Rule 1 CPC does not specifically oust the power of the court to accept written statements after 90 days; the provision is procedural and directory rather than mandatory, and exceptions can be made in the interest of justice, especially when parties are close relatives and grounds for delay are substantive.

Parties
Appellant: Sambhaji & Ors.; Respondent: Gangabai & Ors.
Jurisdiction
India
Judgment Date
20 November 2008
Procedural Posture
Civil Appeal / Appeal From Judgment and Final Order of the Bombay High Court, Bench at Aurangabad in Writ Petition No. 5601 of 2004, Affirming the Trial Court's Order Rejecting Acceptance of Written Statement Filed Beyond 90 Days.
Outcome
Appeal allowed
Legal Topics
Filing of Written Statement, Extension of Time Under Order 8 Rule 1 CPC, Nature of Procedural Law, Interpretation of Procedural Statutes
Civil Procedure Filing of Written Statement Extension of Time Under Order 8 Rule 1 CPC Nature of Procedural Law Interpretation of Procedural Statutes

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Parties

Sambhaji & Ors.

Appellant

Gangabai & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Final Order of the Bombay High Court, Bench at Aurangabad in Writ Petition No. 5601 of 2004, Affirming the Trial Court's Order Rejecting Acceptance of Written Statement Filed Beyond 90 Days.

Legal Issues

  1. 1 Whether the court has power to accept a written statement filed beyond the extended period of 90 days under Order 8 Rule 1 CPC.
  2. 2 Whether the provision for filing written statement within 90 days is mandatory or directory.

Ratio Decidendi

The proviso to Order 8 Rule 1 CPC does not specifically oust the power of the court to accept written statements after 90 days; the provision is procedural and directory rather than mandatory, and exceptions can be made in the interest of justice, especially when parties are close relatives and grounds for delay are substantive.

Court Disposition

Appeal allowed

Orders

  • Set aside the impugned order of the High Court affirming the order of the trial court refusing acceptance of the written statement.
  • Request the trial court to complete trial of the suit within six months from date of order.