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august 2005

Supreme Court of India · 2005-08-16

Smt. Rani Kusum vs Smt. Kanchan Devi And Ors

Citation / case number
AIR 2005 SUPREME COURT 3304
Court
Supreme Court of India
Petitioner
Smt. Rani Kusum
Respondent
Smt. Kanchan Devi And Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, H.K. Sema

Judgment text excerpt

The Supreme Court held that the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908, as amended, are directory and not mandatory, allowing courts discretion in accepting written statements filed beyond the stipulated period. The Court affirmed the High Court's decision to reject the appellant's plea for rejecting the written statement filed after 90 days, emphasizing the need for expeditious disposal of civil suits while ensuring fairness in trials. The judgment clarified that the amendments aim to balance timely justice with the principles of natural justice.

Smt. Rani Kusum vs Smt. Kanchan Devi And Ors · Niyam