SHAIKH SALIM HAJI ABDUL KHAYUMSAB versus KUMAR AND ORS.

SHAIKH SALIM HAJI ABDUL KHAYUMSAB versus KUMAR AND ORS.

When the court grants time to file a written statement beyond 90 days and the fixed date falls on a holiday, the written statement filed on the next day should not be refused; Order VIII Rule 1 CPC is procedural and should be interpreted in aid of justice, not to frustrate it. The provision is directory in extraordinary situations and party should not suffer for mistakes of the court.

Parties
Appellant: Shaikh Salim Haji Abdul Khayumsab; Respondent: Kumar; Appellant: Kanti Lal; Plaintiff: Respondent No.1; Civil Judge (Senior Division), Latoor; Bombay High Court (Aurangabad Bench)
Jurisdiction
India
Judgment Date
18 November 2005
Procedural Posture
Civil Appeal / Appeal From High Court Order Dismissing Writ Petition
Outcome
Appeal allowed
Legal Topics
Filing of Written Statement, Interpretation of Procedural Law, Order VIII Rule 1 CPC, Extension of Time for Written Statement
Civil Procedure Filing of Written Statement Interpretation of Procedural Law Order VIII Rule 1 CPC Extension of Time for Written Statement

Case Brief

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Parties

Shaikh Salim Haji Abdul Khayumsab

Appellant

Kumar

Respondent

Kanti Lal

Appellant

Respondent No.1

Plaintiff

Civil Judge (Senior Division), Latoor

Bombay High Court (Aurangabad Bench)

Procedural Posture

Civil Appeal / Appeal From High Court Order Dismissing Writ Petition

Legal Issues

  1. 1 Whether the written statement filed beyond 90 days but within the time granted by court, where the last date was a holiday, can be refused under Order VIII Rule 1 CPC as amended
  2. 2 Whether the provision in Order VIII Rule 1 CPC is mandatory or directory in extraordinary circumstances

Ratio Decidendi

When the court grants time to file a written statement beyond 90 days and the fixed date falls on a holiday, the written statement filed on the next day should not be refused; Order VIII Rule 1 CPC is procedural and should be interpreted in aid of justice, not to frustrate it. The provision is directory in extraordinary situations and party should not suffer for mistakes of the court.

Court Disposition

Appeal allowed

Orders

  • High Court's orders set aside
  • Written statement filed on next day after holiday is accepted