MANISH KUMAR NIGAM
Devraj Singh – Appellant
Versus
Babli Devi – Respondent
JUDGMENT :
1. Heard Sri Mithilesh Kumar Tiwari, learned counsel for the petitioner. No one is present on behalf of the respondent, even in the revised call.
2. This petition has been filed for following relief:
3. Brief facts of the case as mentioned in the petition are that the plaintiff-petitioner filed a divorce petition being Divorce Petition No. 340 of 2015 on 05.05.2015. Notice was issued on 05.05.2015 to the defendant-respondent Babli Devi for filing written statement in the aforesaid divorce petition by the Principal Judge, Family Court, Bijnor. After receiving the notices issued in the aforesaid divorce petition, the defendant-respondent appeared and filed an application Ga-10 dated 18.01.2016 under Section 24 of the Hindu Marriage Act and prayed for amount of Rs. 25,000/- for expenses of the aforesaid litigation. After filing the aforesaid application dated 18.01.2016 under Section 24 of Hindu Marriage Act, the defendant-respondent has not filed the w
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The discretionary nature of Order 8 Rule 1 of C.P.C. and the need for its reasonable exercise to advance justice.
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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 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 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....
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