ZOLBA versus KESHAO AND ORS.

ZOLBA versus KESHAO AND ORS.

Delay in filing written statement beyond ninety days can be condoned in exceptional circumstances; procedural laws are handmaids of justice and should not defeat justice. In this case, non-availability of records constituted sufficient cause.

Parties
Appellant: Zolba; Respondents: Keshao and Ors.
Jurisdiction
India
Judgment Date
01 April 2008
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Condonation of Delay, Filing Written Statement, Order 8 Rule 1 CPC, Partition Suit
Civil Procedure Condonation of Delay Filing Written Statement Order 8 Rule 1 CPC Partition Suit

Case Brief

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Parties

Zolba

Appellant

Keshao and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the delay in filing the written statement beyond statutory period under Order 8 Rule 1 of CPC can be condoned
  2. 2 Whether Order 8 Rule 1 CPC is mandatory or directory
  3. 3 Whether exceptional circumstances existed to condone delay in filing written statement

Ratio Decidendi

Delay in filing written statement beyond ninety days can be condoned in exceptional circumstances; procedural laws are handmaids of justice and should not defeat justice. In this case, non-availability of records constituted sufficient cause.

Court Disposition

appeal allowed

Orders

  • Application for condonation of delay in filing written statement allowed.
  • Written statement accepted.