BIBHAS RANJAN DE
Sudip Kumar Kanjilal – Appellant
Versus
Ankush Mitra – Respondent
JUDGMENT :
(Bibhas Ranjan De, J.)
1. Albeit the instant revision application has been filed challenging seven (7) orders passed by Ld. 9th bench, City Civil Court at Calcutta in connection with MAC Case no. 223 of 2015 but, Ld. Counsel, Mr. Haradhan Banerjee appearing on behalf of the petitioner only pressed three (3) orders i.e. Order no. 18 dated 31.07.2017, Order no. 24 dated 04.07.2018 & Order no. 31 dated 10.06.2019.
Brief facts:-
2. From the rival contention and argument advanced by the Ld. Counsel on behalf of the parties to this revision application, it appears that challenge in this revision application is the Order No. 18 dated 31.07.2017, Order no. 24 dated 04.07.2018 and order no. 31 dated 10.06.2019 passed in connection with Motor Accident Claim Case no. 223 of 2015 by the Ld. 9th Bench, City Civil Court at Calcutta.
3. By the Order no. 18 dated 31.07.2017 Ld. Trial Judge allowed one amendment application under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure (for short CPC) on the ground that the proposed amendment was not inconsistent with the facts delineated in the claim application. Ld. Judge considered the proposed amendment on some subsequent fac
Rajesh Kumar Aggarwal and others vs. K.K. Modi and others reported in (2006) 4 SCC 385
Amendments to pleadings are permissible to ensure justice, and acceptance of belated written statements is allowed in exceptional circumstances, provided reasons are recorded.
The court affirmed that procedural rules regarding the filing of written statements can be interpreted flexibly to ensure justice, allowing extensions in exceptional circumstances.
The court has discretionary power to condone the delay in filing the written statement, subject to a stricter yardstick for non-commercial suits, and the defendant should be given an opportunity to e....
The provision of Order VIII Rule 1 is directory and not mandatory, and the court has the power to extend the time for filing the written statement beyond the time schedule provided.
The striking off of a defendant's defence due to late filing of a written statement, despite court's extension, is unjustifiable, and such extensions are regarded as directory rather than mandatory, ....
The court holds that delays in filing additional written statements can be condoned under Rule 9 of Order VIII provided there is sufficient cause and no prejudice is caused to the opposing party.
The court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
The main legal point established in the judgment is the limitation on extending the filing period for written statements under CPC, 1908, and the impact of the COVID-19 pandemic on limitation periods....
The court held that the provisions of Order VIII Rule 1 CPC are directory, allowing written statements to be filed beyond prescribed delays in exceptional circumstances, particularly to serve the int....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.