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august 2005

Supreme Court of India · 2005-08-16

RANI KUSUM vs KANCHAN DEVI .

Citation / case number
SC 2004/26397
Court
Supreme Court of India
Petitioner
RANI KUSUM
Respondent
KANCHAN DEVI .
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 emphasized that the amendments aim to expedite civil proceedings while ensuring fairness and natural justice. The appeal challenging the acceptance of the written statement was dismissed, affirming the High Court's decision to reject the appellant's plea for non-compliance.

RANI KUSUM vs KANCHAN DEVI . · Niyam