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.