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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Alpana Pyne – Appellant
Versus
Mihir Mohan Pyne – Respondent
| Table of Content |
|---|
| 1. court's order for procedural extensions (Para 1) |
| 2. background of delayed suit proceedings (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. defendant's failure to comply with procedural rules (Para 8 , 9 , 10 , 14) |
| 4. analysis of procedural flexibility in justice (Para 11 , 15 , 16 , 18 , 19) |
| 5. interpretation of 'shall' in procedural rules (Para 12 , 17) |
Judgment :
BISWAROOP CHOWDHURY, J.
1. This application is filed by defendants nos. 1A to 1D for the following order:
a) Delay if any in filing of the instant application be condoned;
b) Delay if any in filing the written statement by the defendant nos. 1A to 1D be condoned.
c) The time to file the written statement by the defendant nos. 1A to 1D in the aforesaid suit be extended by a period of 4(four) weeks.
d) Leave be granted to the defendant nos. 1A to 1D to verify, affirm and file the written statement within a period of 4(four) weeks from such order being passed.
e) Such other or further orders be passed as this Hon’ble Court may deem fit and proper.
2. It is the contention of the petitioners/Defendant no. 1A to 1D, that the instant suit was filed by the plaintiffs herein on 8th April 2009. Immediately upon filing of the suit the plaint
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....
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 court ruled that the limitation for filing a written statement is strict and can only be extended in exceptional circumstances, which were not present in this case.
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 emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
Point of Law : Civil Law – Condonation of Delay - Extension of time for filing written statement - Court must be satisfied that the defendant was prevented from a sufficient cause for exceptional and....
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.
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