SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(Bom) 206

A.S.OKA
KULDEEP UMRAOSINGH OSTWAL – Appellant
Versus
CHANDRAKANT N. PATEL – Respondent


Advocates:
D.D.Tiwari, G.S.GODBOLE

( 1 ) SUBMISSIONS of the learned counsel appearing for the petitioners were heard yesterday. By this Writ Petition under Article 227 of the Constitution of India, the petitioners who are the original plaintiffs have taken an exception to an order dated 30th January, 2010 passed by the trial Court on a pursis filed by the Advocate for the 1st to 7th respondents. By the said pursis, the said respondents (defendants) adopted their reply at Exhibit 12 as their written Statement. The said reply at Exhibit 12 was filed to an application for temporary injunction. The trial Court by the impugned order accepted the pursis and directed that the reply was already on record which shall be treated as the written Statement. The learned counsel appearing for the petitioners submitted that there was no Written Statement filed by the concerned defendants within the outer limit provided under Rule 1 of Order VIII of the Code of Civil Procedure, 1908 (hereinafter referred to "as the said Code") as amended with effect from 1st july, 2002. He submitted that though the rule has been held to be directory, the apex Court has held that the time for filing Written Statement cannot be extended for asking and









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top