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july 2007

Supreme Court of India · 2007-07-10

M/S R.N. Jadi & Brothers & Ors vs Subhashchandra

Court
Supreme Court of India
Petitioner
M/S R.N. Jadi & Brothers & Ors
Respondent
Subhashchandra
Author
P.K. Balasubramanyan
Bench
P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that the amendments to the Code of Civil Procedure, particularly Order VIII Rule 1 and Section 148, impose a strict timeline for filing written statements, limiting the court's discretion to extend this period. The Court emphasized that the legislative intent was to prevent delays in civil proceedings and that defendants must file their written statements within 90 days of receiving summons. The High Court's decision to set aside the trial court's acceptance of the written statement was deemed erroneous, reinforcing the necessity of adhering to procedural timelines.

M/S R.N. Jadi & Brothers & Ors vs Subhashchandra · Niyam